On 16th November 2021 the National Steering Committee for the formulation of the National Alternative Dispute Resolution Policy handed over the National ADR Policy and draft bills to the Hon. Justice (Rtd) P. Kihara Kariuki. The team led by Senior Counsel John Ohaga presented the documents on behalf of the Steering Committee where he reaffirmed his confidence that the proposals will serve as a unified framework for implementation of ADR in Kenya.
The policy proposes a balanced co-existence of ADR and the court system, while maintaining the autonomy of ADR as an autonomous dispute resolution system. In so doing, it gives the Kenyan public the opportunity to resolve disputes through means fashioned to respond to the real and practical world in of sustainability.
he National ADR Policy proposal will also form the basis for legislative proposals on ADR by the Steering Committee. The proposals for amendment and introduction of new legislation will indeed address gaps in Sectors that are enablers for economic development and catalyst for competitiveness on the World Bank ease of doing business index. This will ultimately promote the Country’s reputation as a preferrable choice seat for arbitration and other forms of ADR by creating an efficient ecosystem and overall climate for enforcement of contracts.
The handover ceremony signified the importance attached by the Centre to the steady and concerted effort towards the realization of an overarching framework for the delivery and practice of ADR in Kenya.
We are therefore privileged to witness the presentation of what is certainly a timely intervention with the potential to transform “the how” of service delivery within our ADR sector. As a Centre we are keen to actualize the Policy proposals and to expand our constituency with the ultimate goal of sustainability.