Concerns Raised Over Amount Of Money County Governments Are Spending In Legal Fees

NAKURU, Kenya, Sept 20 – Based on a report conducted in recent years, County Governments are said to be spending an estimated Sh200m to settle at least one legal case.

The Intergovernmental Relations Technical Committee (IGRTC) now says this is a worrying trend as they seek to urge devolved units to seek alternative dispute resolutions (ADR) so as to reduce the high amount of money being spent.

While engaging county attorneys, the chairman of the committee John Burugu said that the number of inter-county disputes and those involving government agencies is a source of concern.

“There was a study that indicates counties are using millions of shillings to resolve disputes and we are keen to use the ADR system to resolve this. Even the judiciary had embraced alternative dispute resolution mechanisms and this is the way to go as it saves a lot of time and resources ” said Burugu.

Burugu said that the solution to reducing the high cost of litigation could be solved by county attorneys who were involved in the cases.

Several cases have already been resolved through the ADR between counties and government agencies.

“We have organized a workshop for county speakers and attorneys as part of encouraging counties to move away from courts in resolving their disputes,” said Alfred Kangati, a member of the committee.

Kangati however faulted the lack of goodwill from certain government agencies in resolving disputes such the one involving Taita Taveta county and the Kenya Wildlife Service (KWS).

“The county claims its not getting benefits from Tsavo park and every time we have summoned the CS he has ended up sending junior officers who cannot make a decision,” he said.

The President of the Mediation Training Institute East Africa James Mangerere meanwhile termed ADR as a cost effective method of settling disputes encouraging county governments to use mediators from the Intergovernmental Relations Technical Committee (IGRTC) while solving their disputes.

“Dispute arising from counties need not go to courts now that we have certified mediators from the IGRTC. Matters will also be expedited,” said Mangerere.