PS Safina Advocates For Alternative Dispute Resolution

Safina Kwekwe, Principal Secretary of the State Department of Correctional Services, pleads with Kenyans to embrace Alternative Dispute Resolution (ADR) mechanisms to resolve disputes amicably outside of the courts.


Speaking at the validation of a draft Power of Mercy Bill in Kisumu County, the PS, who was represented by Secretary of Administration, State Department of Correction Wilfred Nyagwanga, advocated for the use of ADR mechanisms to resolve minor offenses and family disputes.


The PS discouraged lengthy court processes that consume a lot of time and resources, delaying and/or denying citizens justice.


“Keeping petty offenders in prison is tantamount to worsening the poor conditions in overcrowded facilities,” said the state officer, adding that meeting the upkeep needs for a large number of inmates is a burden on the taxpayer.


She revealed that the Correctional Department spends more than Sh.15 million per day on upkeep for the 55,000 inmates housed in various prison facilities across the country.


He claimed that the government could redirect vast sums of money to other state institutions and projects aimed at improving citizen service delivery.


During an engagement meeting with stakeholders to review the laws relating to the exercise of Power of Mercy under Article 133 of the Constitution, the Power of Mercy Advisory Committee (POMAC) stated that the ADR system would not only decongest the prisons but also prevent the incarceration of certain offenders whose crimes do not warrant imprisonment.


ADR is an out-of-court mechanism that helps disgruntled parties reach an agreement through the use of an independent and neutral third party.

This method of administration of justice has gained popularity in the country because it is efficient, accessible, faster, and less expensive.