Editorial Desk 
KEPSA, in partnership with the Nairobi Centre for International Arbitration (NCIA) and International Chamber of Commerce -Kenya (ICC Kenya) held a private sector engagement breakfast meeting on alternative dispute resolution (ADR) on 29th November 2022 at the Sarova Panafric Hotel in Nairobi. The forum provided a platform for the private sector to understand the various ADR mechanisms available in Kenya.
Speaking during the event, Ms Catharine Musakali, KEPSA Director in charge of Leadership and Governance noted that the MoU between KEPSA and NCIA was informed by a resolution during the 2nd KEPSA-Chief Justice Roundtable held in March 2022 where KEPSA undertook to explore Mediation Accreditation Committee’s (MAC) proposal to partner with KEPSA to set up systems to have disputes settled by qualified mediators and only brought to court for adoption. She added that KEPSA also resolved to keep advocating for the uptake of ADR to settle commercial disputes and rid the courts of the backlog of cases.
“The private sector is keen to continue with open and regular dialogue with institutions involved in the administration of justice. It is our common duty to incorporate good practices to enhance the quality and efficiency in the court system and support institutions, and consequently, increase access to Justice,” said Ms Musakali.
During the meeting, KEPSA and NCIA also unveil the scope and areas of a mutual partnership of the recently signed memorandum of understanding (MoU) between the two organisations to increase the uptake of ADR within the private sector in Kenya. The MoU seeks to provide a general framework to govern cooperation between KEPSA and NCIA, towards promoting sensitization of Mediation as an alternative dispute resolution mechanism in resolving commercial disputes; leverage on NCIA Mediation Centre infrastructure where private mediations will be conducted; and the creation of a fast-tracked mechanism where the Private Mediation Settlement Agreements reached by NCIA will be recognized and enforced by the courts, in light of the Court-Annexed Mediation Rules, 2022.
In his remarks, Mr Lawrence Muiruri, NCIA Registrar/ CEO said that the recently signed MOU between KEPSA and NCIA provides a framework that seeks to govern the cooperation, by promoting sensitization of Mediation as an alternative dispute resolution mechanism and the establishment of a Mediation Centre where private mediations will be conducted. He also highlighted the need to initiate a conversation with the courts on how to ensure that the decisions that have been arrived at by the ADR mechanism are enforced as quickly as possible.
In a panel discussion deliberating the purpose and opportunities of ADR in Kenya, Rev. Geoffrey Njenga, Founder Member/Director of Dispute & Conflict Resolution International (DCRI), noted that mediation is very useful because it’s a self-determination process where people themselves come together to talk and create a chance for a peaceful resolution. “Peace is the most sought-after commodity but most elusive and we must do everything we can to create peace, especially in businesses,” remarked Rev. Njenga.The panel discussion also featured Mr Lawrence Muiruri and was moderated by Ms Tabitha Joy Raore of ICC Kenya Arbitration and ADR Commission who said, “We need to build capacity among lawyers and professionals and provide them with tools to build their experiences as mediators.”Ms Raore also added that ICC Kenya has conducted several activities to sensitise students and young professionals in mediation including hosting the first-ever Pan-African, ICC Commercial Mediation Moot Competition in October 2022.
