Save money, seek out of court settlements

NAIROBI: Chief Justice Willy Mutungi made headlines when he urged Kenyans to try alternative dispute resolution mechanisms in settling conflicts, which many hilariously misinterpreted to mean involving witchdoctors as opposed to courts of law.

He, however, had a point. At a time when interest rates have soared while bills and ordinary consumables are on an upward trend, it makes plenty of financial sense to make adjustments in lifestyle and shed off any frivolous and unnecessary costs.

The fact is you can save a lot money and time by opting for out of court settlements as opposed to rushing to file a law suit every time you are aggrieved.  The cost of litigation in the corridors of justice is high in Kenya whereas there are many cases which could be amicably settled out of court.

Sospeter Opondo of Simiyu, Opondo, Kiringa and Company Advocates, confirms that exploring alternative dispute resolution first before taking a case to court can help save money and time.

“Some people are oblivious of court processes and end up not accessing justice because they have no money and are not aware of pro-bono services. Settling the matter out of court can also work,” he says.

According to Embu Nyangi Ndiiriri Council of Elders Chairman Andrew Ireri, who has been involved in mediating and arbitrating over disputes, the current constitution has provisions for people in dispute to agree to settle their cases out of court.

“People can even agree to withdraw the cases from court. While a magistrate or a judge may not advise litigants to retract a case that is before court, we appeal to some of our members to consider out of court settlements where applicable,” says Ireri.

Ireri says some poor peasants engage expensive lawyers and later change them before the case is ruled, yet some domestic and land disputes can be solved by elders, clan or the clergy.

Jackton Karubiu, a college tutor in Thika appreciated the essence of exploring other ways to settle disputes after sinking close to Sh100,000 in court trying to settle a land dispute with his brothers.

Karubiu who hails from Kirinyaga County recalls how upon demise of his polygamous father they fought to share their father’s half acre piece of land near Kerugoya town.

“Because of our pride, we ignored the clan and took the matter to court, a move that ruined our relationship and cost us a tidy sum."

"When we got back to our senses, we withdrew the case and involved an arbitrator who talked us into selling the land and buying a bigger piece that we could divide and each get a reasonable share,” he narrates.

Another important aspect of embracing out of court settlements is that it encourages healthy relations between families.

Ireri argues that in a matrimonial dispute where a magistrate rules that the husband pays alimony to the wife, the decision will most likely strain their relationship further as opposed to them mutually coming into an agreement.

Sometimes, a dispute can arise among friends and relatives involving money where one party has failed to honour the debt. Ireri says rushing to court just because the other party has failed to honour the debt or defaulted in repayment is not advisable.

“It is better to negotiate for payment at a later date or arrive at an agreement where the loaner holds a debtor’s property for sometime as collateral,” he says.

There are many more benefits to seeking alternative dispute resolutions and in this tough financial times where everyone is out to save every last penny, doing this is a sign of financial prudence.