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Why DP Gachagua Has Asked State Agencies To Avoid Courts in Conflict Resolution

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Deputy President Rigathi Gachagua has urged Constitutional Commissions, Independent Offices (CCIOs), and other state agencies to use alternative conflict resolution mechanisms to resolve issues instead of going to court.

Speaking when he officially opened the Executive and CCIOs Consultative Forum in Naivasha, Nakuru County on Sunday, the Deputy President said Kenyans suffer when matters are pursued through the courts and the media.

Gachagua said his office has been mandated by President William Ruto under Executive Order No. 2 of 2023 to ensure the smooth functioning of CCIOs without bitterness.

“I urge you to use my office to resolve disputes and conflicts. We have already resolved a number of conflicts. There is no need to go to the press. When we (government agencies) take each other to court, we hire lawyers who are paid by the public. There is no need to go out and hire a lawyer,” he said.

The DP noted that the office has successfully resolved issues between the Office of the Inspector General of Police and the Police Service Commission, while discussions are ongoing between the Ministry of Education and the Teachers Service Commission, among others, and the results are promising.

He mentioned that court cases are an unfair process for Kenyans at a time when the country is focusing resources on development. He said a lot of resources are being saved to increase the financial and technical capacity of government agencies to implement projects and programmes to realise the Kenya Kwanza Plan.

While the Deputy President said that over 80 percent of matters can be resolved through dialogue as underpinned by the Executive Order and other alternative conflict resolution frameworks, he said that internal capacity can be used to pursue the remaining matters in the courts.

The Deputy President also called on the CCIOs to work with each other, saying there is value in cooperation and collaboration.

“There is no harm in talking. But there is danger in walking alone. We serve the same people. Let us work together in serving the people. We (the Office of the Deputy President) are ready to initiate dialogue instead of tearing ourselves apart in public,” he said.

Chief Justice Martha Koome asked the CCIOs to also establish internal mechanisms of holding themselves accountable, adding that even as they are independent, there must be structures of self-oversight.

On the other hand, the Council of Governors Anne Waiguru challenged the CCIOs to entrench devolution in their service delivery to reach the grassroots.

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