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  You become wise when you can look across three generations, understand them all, and defend each of them independently.  Allan Bukusi

Tuesday, December 1, 2020

Negotiate @ Chief Justice

 

Negotiate! @Chief Justice

Chief Justice David Maraga, shared some interesting data that indicates “out of court” settlements are the way to go. In one sense, the Chief Justice is happy to work himself out of a job if people can sit down and negotiate among themselves. This seems like a growing sense of maturity, but the data shows that it also makes huge business sense. 2905 cases settled out of court means that there were more than 11 cases settled for every business day of the year. Those cases turned over Shillings 33.9 Billion in value that would have been tied up in non-productive assets awaiting court direction for at least one year. That means the economy was injected with “liquidity agreements” of 2.83 Billion shillings a month. Money which would not have been available to anyone. This is a concept that is not always appreciated by those seeking justice, but clearly understood by entrepreneurs. It has been said that “justice delayed is justice denied”, but entrepreneurs know that “payments delayed is as good as business denied”. Thus, I laud the courts for offloading those cases from their corridors and roundly I applaud those citizens who chose not to put their lives on hold, and sat down to negotiate terms that helped everyone move on with life. Given the hurdles presented by COVID-19 in the prevailing economic season, I urge companies to take direction from the Chief Justice, polish their negotiation skills and agree on terms with business partners.

Allan Bukusi

Sources – Business Daily

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