All posts by : Tandos

Mediation is an effective alternative dispute resolution (ADR) method that has gained popularity in Kenya over the years. It is a process in which a neutral third party, the mediator, facilitates negotiations between parties to help them reach a mutually acceptable resolution. In recent years, there have been several developments in mediation strategies in Kenya aimed at improving the effectiveness of the process. This article will explore some of the latest mediation strategies in Kenya.

Court-Annexed Mediation
In 2016, the Mediation Act was enacted in Kenya, providing a legal framework for the mediation process. Under the Act, courts are mandated to refer appropriate cases for mediation, and parties may also opt for mediation outside the court system. This has led to the development of court-annexed mediation programs in Kenya. These programs are aimed at reducing the backlog of cases in the courts and providing parties with a quicker and more cost-effective method of resolving disputes. The programs have been successful in reducing the backlog of cases, and parties have reported high levels of satisfaction with the process.

Online Mediation
With the advancements in technology, online mediation has become a popular strategy in Kenya. Online mediation involves conducting the mediation process virtually, using online platforms such as Zoom or Skype. This strategy has been particularly useful during the COVID-19 pandemic, where physical distancing measures have made it difficult to conduct face-to-face meetings. Online mediation has the advantage of being more convenient and accessible to parties, as they can participate from anywhere with an internet connection.

Specialized Mediation
Mediation is increasingly being used in specialized fields such as family law, commercial law, and construction law. This has led to the development of specialized mediation programs in Kenya aimed at providing parties with mediators who have expertise in the specific area of law. Specialized mediation has the advantage of providing parties with a mediator who understands their particular issues and can provide informed guidance on the legal issues involved.

Mediation Training
There has been an increasing demand for mediation training in Kenya as parties seek to develop their skills in conflict resolution. Mediation training is aimed at providing individuals with the skills and knowledge required to act as mediators or to participate effectively in the mediation process. The Kenyan government has recognized the importance of mediation training and has established several training programs aimed at promoting the use of ADR in the country.

Conclusion
Mediation is an effective method of resolving disputes in Kenya, and the latest mediation strategies are aimed at improving the effectiveness of the process. Court-annexed mediation, online mediation, specialized mediation, and mediation training are some of the latest strategies that have been developed in Kenya. These strategies have the potential to make mediation more accessible, efficient, and effective, and parties are encouraged to consider them when seeking to resolve disputes outside of the court system.

Alternative dispute resolution (ADR) refers to the processes of resolving disputes outside of the traditional court system. In Kenya, ADR is recognized as an effective method of resolving disputes, and the Kenyan government has enacted several laws to promote and regulate the use of ADR in the country. In this blog post, we will explore the alternative dispute resolution laws in Kenya.

The main alternative dispute resolution methods recognized in Kenya are arbitration, mediation, and conciliation. Each method has its own set of laws and regulations, which we will discuss below.

Arbitration
Arbitration is a method of resolving disputes in which an impartial third party, known as an arbitrator, is appointed to make a binding decision. The law governing arbitration in Kenya is the Arbitration Act, which was enacted in 1995. The Act provides for the appointment of arbitrators, the conduct of arbitration proceedings, and the enforcement of arbitral awards. Under the Act, parties are free to agree on the rules of arbitration, including the appointment of the arbitrator and the procedures to be followed. The Act also allows for the enforcement of foreign arbitral awards in Kenya.

Mediation
Mediation is a process in which a neutral third party, known as a mediator, helps the parties to a dispute reach a mutually acceptable resolution. The law governing mediation in Kenya is the Mediation Act, which was enacted in 2016. The Act provides for the appointment of mediators, the conduct of mediation proceedings, and the enforceability of mediated agreements. Under the Act, parties may choose to mediate disputes that are already in court, and courts may refer cases to mediation where appropriate. The Act also establishes a Mediation Accreditation Committee, which is responsible for accrediting mediators and ensuring their competence and ethical conduct.

Conciliation
Conciliation is a process in which a neutral third party, known as a conciliator, assists the parties to a dispute to reach a settlement. The law governing conciliation in Kenya is the Labour Relations Act, which was enacted in 2007. The Act provides for the appointment of conciliators, the conduct of conciliation proceedings, and the enforcement of settlement agreements. The Act applies to disputes between employers and employees, as well as disputes between employers’ organizations and employees’ organizations.

Conclusion
Alternative dispute resolution methods have become increasingly popular in Kenya as a means of resolving disputes quickly, cost-effectively, and without the need for a court hearing. The Kenyan government has recognized the importance of ADR and has enacted laws to promote and regulate its use. These laws provide a framework for the appointment of neutral third parties, the conduct of ADR proceedings, and the enforcement of ADR agreements. If you are involved in a dispute in Kenya, it is worth considering whether ADR may be an appropriate method for resolving your dispute.

There is a lot of literature written by distinguished propriety of conditions warranties and exemption clauses. Much of this literature centers on the application of the consumer writers on the Much of this protection provisions of the English Sales of Goods Act 1893 in England. Not much has been written on the application of these provisions in foreign lands. This brief work attempts to fill this gap.Conditions, warranties been found to be oppressive to the buyer in England, and so the Act of 1893 has known useful amendments.But the Kenyan Sale of Goods Act, 1930 has not been amended. and exemption clauses have Besides, it’is the thesis of this work that we in Kenya did not need to import foreign commercial principles because we had our own. And now that these principles were culled into our legal system from England, there is no reason why we should not amend them to keep in step with the English legal system, as well as modifying them to suit our own commercial environment in Kenya.

The work may not be exhaustive, it may also invite criticisms quarters, and these are welcome.