AFRICA LAW & BUSINESS: ADR IN KENYA
Sean Omondi and George King of Bowman Gilfillan Africa Group’s Coulson Harney office in Nairobi, set out the key alternative dispute resolution mechanisms available in Kenya.
The main alternative dispute resolution (ADR) methods available in Kenya are negotiation, conciliation, mediation and arbitration. There is no mandatory requirement for parties to commercial litigation to submit to ADR proceedings. However, in terms of the Civil Procedure Act, the courts may, either on the application of the parties or on its own motion, refer a commercial dispute to ADR mechanisms. In ADR proceedings parties generally agree that each party will bear their own costs and expenses and the parties will share the costs of any third party involved in facilitating the resolution of the dispute (example, conciliator or mediator).