This archive report was first published on 31 October 2019.
October 31, 2019
Senator Sylvia Kasanga has introduced a Bill aimed at reducing the backlog of civil cases in Kenyan courts. The Alternative Dispute Resolution Bill 2019 seeks to establish a legal framework for the settlement of certain civil disputes through conciliation, mediation, and traditional dispute resolution.
According to the Bill, the new law will apply to civil cases involving the national government, county governments, or State organs. The Bill has outlined the procedure to be followed during mediation, the role of the mediator, and how opposing parties will conduct themselves during the mediation process.
Senator Kasanga argues that effective dispute resolution mechanisms guarantee peace, spur trade, and contribute to the political development of a country. She notes that in Kenya, disputes are mainly resolved through the court process, which is costly and does not always end up reconciling the conflicting parties.
The Bill also provides for the accreditation and registration of conciliators and mediators to ensure professionalism and protect citizens from quacks. It sets out the duties of an advocate during a mediation process and explains the grounds on which one party can refuse to honour a settlement agreement.
Additionally, the proposed law allows parties to suspend the limitation period of an agreement and sets out alternative dispute resolution costs. It also proposes the amendment of the Civil Procedure Act to rename the Mediation Accreditation Committee to the Alternative Dispute Resolution Committee.
The Bill has been presented to the Senate Committee on Justice, Legal Affairs, and Human Rights and was introduced to the House in August this year.
