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Kenya: Govt Opts for Out-Court Settlements to Resolve Project Disputes

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3 years ago

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Nairobi — The Government has resolved to prioritize alternative dispute resolution platforms to untangle disputes around key development projects.

Interior Cabinet secretary Fred Matiangi and his Transport counterpart James Macharia said negotiating with contractors and those displaced by way-leaves for priority projects will save on money and time spent on court processes.

The CSs were speaking in Mombasa after initiating talks between the Government and Project Affected Persons (PAPs) in the dualling of Mombasa-Mariakani highway that has been dogged by court cases over land compensation.

At least eight cases on the Ksh8.5bn Lot 1 Mombasa-Kwa Jomvu section that have been filed by PAPs unhappy with compensation of land compulsorily acquired for the road are currently at various of stages litigation.

The meeting was in line with the recommendation of the Cabinet committee coordinating the implementation of government projects (NDICCC) that is chaired by Matiangi.

“We want to encourage others who are in similar situations involving big projects that this is the way to go because we end up losing so much money and ultimately, when in these projects stall due to court process, we have to pay up a lot of money in compensation for lost time,” he said.

He said although it was within the rights of individuals and private firms unhappy with the compensation amounts to go to court, alternative dispute resolution mechanisms offered worked better for both litigants and plaintiffs as it also helped manage relationships between the parties.