Reflections from the Zambia Arbitration Week – The Two Percent Problem: Enforcing Dispute Board Decisions
In construction dispute resolution circles, one statistic is repeated so frequently that it has almost become a mantra. Dispute boards resolve approximately 98% of the disputes referred to them. It is an impressive figure and understandably so. The number features prominently in conference presentations, training materials, and advocacy for the dispute board model. But the remaining 2% deserves attention.
Rule 5 (2) (b) Applications and the Constitutional Threshold for Appeals to the Supreme Court under Article 163 (4) (a): A Commentary of the Supreme Court’s decision in Roseline Orimba Onduo v Maurice Otieno Ochola [KESC]
Article 163 (4) (a) permits appeals to the Supreme Court as of right only in cases involving the interpretation and application of the Constitution. Yet, the content of that threshold is often misunderstood, despite the Supreme Court settling it in previous cases. Equally contested is whether interlocutory orders under Rule 5 (2) (b) of the Court of Appeal Rules can warrant an appeal to the Supreme Court. The Supreme Court, once again, settled the law on these issues. This commentary answers these questions together with other pertinent issues in appellate litigation; such as the nature of negative orders and why they cannot be stayed.
The New Era of Government-Owned Enterprises in Kenya: Governance Reform and the Expanding Role of Certified Secretaries
Kenya has entered a defining moment in the governance of its public commercial institutions with the enactment of the Government Owned Enterprises Act. The Act represents one of the most significant structural reforms in the management of state-owned commercial entities in recent history. The Act presents a governance reset. It shifts Government-Owned Enterprises (GOEs) from traditional bureaucratic state corporation models into commercially prudent public companies governed under the Companies Act.
THE INDISPENSABILITY OF BOARD EVALUATION FOR SUSTAINABLE CORPORATE GOVERNANCE
Board evaluation is essential to sustainable corporate governance because it ensures that boards remain effective, accountable, and responsive to changing institutional and stakeholder demands. Many governance failures do not occur suddenly but develop over time when boards become passive, fail to question management or lose clarity in their oversight role. Board evaluation comes in handy to provide a structured way to assess how well boards perform their duties, clarify the boundary between governance and management and identify areas for improvement. By promoting reflection, accountability, and continuous improvement, board evaluation strengthens decision-making, builds stakeholder trust and supports the long-term stability and resilience of institutions.
Employee Negligence as a Ground for Termination: An Appraisal of the Court of Appeal Decision in Stephen Ndolo v Nairobi City Water & Sewerage Company [2026]
For a termination to be valid in law, it must be grounded on a fair and legitimate reason under the Employment Act 2007. Is institutional weakness an excuse for an employee’s negligence? Can it absolve an employee from employment obligations of trust and integrity? What about an absence of criminal charges? Do they render a termination obsolete? These questions were the bone of contention in this case.
Interlocutory Mandatory Injunctions: An Analysis of Court of Appeal Decision in Titus Sinkeen Terta v Susan Kaluki Nzioki [2026]
Can mandatory injunctions be granted at an interlocutory stage? If so, when should they be granted?
Contextualizing Tax Disputes: The Role of ADR and AJS in the Resolution of Tax Disputes
The three-day training focused on the Multidoor Approach to Access to Justice for the Commercial and Tax Division, the Tax Appeals Tribunal, and other justice sector actors
Board Meeting Laws, Procedures & Compliance
In the context of organizational governance, few activities carry more weight than board meetings.
Strategic Meeting Planning and Governance Framework
In many organizations, meetings have become synonymous with wasted time marked by endless discussions, recurring issues, and minimal progress.
Oversight Without Micromanagement: Why Strategic Accountability Matters
In today’s complex public service environment, effective leadership relies on clarity, trust and structure rather than control.
Stakeholder Trust, Reputation & Strategic Communication
In an age where public trust is a scarce but a vital asset, stakeholder trust, reputation, and strategic communication constitute the backbone that leadership and governance comprise.
Arbitration as a Tool for Achieving Green Growth and Sustainability in Kenya’s Energy and Construction Sector
Arbitration plays a critical role as Kenya advances its development agenda under Vision 2030 and fulfills its climate commitments under the Paris Agreement.
Balancing Party Autonomy and Judicial Oversight in Arbitration
The article was written by Prof. Wyne Kenneth Mutuma and Sarah Nashati. The Pillar of Party Autonomy in Arbitration Arbitration, by design, is intended to be a party-driven and final dispute resolution mechanism. Parties choose arbitration for its efficiency, cost-effectiveness, and flexibility. The process is founded on the core principle of party autonomy, which allows […]
THE BEAUTIFUL GAME AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
Article by Mvoi Davis assisted by Prof. Kenneth Wyne Mutuma Football is a sport famed to be the most popular in the world, as they say the sport statistics don’t lie, it is famed for having over 4 billion fans and played in 230 countries in the world. The sport evokes emotion from the fans, […]
Strategies for the Insurance Industry in Embracing Digital Transformation
Article by Prof. Kenneth Wyne Mutuma, Michelle Chebet, and Wachilonga Namasaka The world is constantly evolving, with disruptions such as economic fluctuations, pandemics, and climate change reshaping how individuals and businesses manage risks. In this dynamic environment, effective risk management has never been more crucial. The insurance industry plays a vital role in providing financial […]
Nyutu Agrovet Limited v Airtel Networks Kenya Ltd (Civil Appeal (Application) 61 of 2012) [2024] KECA 523 (KLR) (9 May 2024) (Judgment)
This case, emblematic of the challenges facing arbitration in Kenya, brought to light the tension between party autonomy in arbitration and the judicial duty to safeguard justice. The Court of Appeal addressed a matter spanning an extraordinary 17 years, with the drawn-out litigation highlighting how arbitration’s potential as a swift alternative to litigation can falter […]
Exploring New Horizons: Insights from the 1st Annual SDRC Research Colloquium 2024
Grateful for the opportunity to present my research on the impact of procedural rules on Kenya’s Court Annexed Mediation Programme at the 1st Annual SDRC Research Colloquium 2024. It was an inspiring event that underscored the vital role of academia in shaping the future of dispute resolution. Excited to see how our collective insights will drive meaningful reforms in ADR.
AI IN ADDRESSING CHALLENGES IN CORPORATE GOVERNANCE
AI is revolutionizing corporate governance by enhancing transparency and efficiency. By analyzing vast amounts of data in real-time, AI can proactively identify potential issues and streamline compliance processes, reducing human error. Additionally, AI-driven insights into stakeholder sentiment foster better engagement and trust, paving the way for more effective governance practices.
COMMON PITFALLS OF THE LEGAL COMPLIANCE AUDIT
Article by Salim Moshe A legal audit is a systematic, objective and impartial examination of policies, documents, records, processes, practices and acts of an organization with a view to assessing their compliance with the entire legal and regulatory framework to which the organization is subject. The legal audit exercise briefly involves a certain stage such […]
NAVIGATING RESOLUTION: The Art of Crafting Settlement Agreements.
Article by Dr Ken Wyne Mutuma assisted by Brian Chacha Introduction In the quiet chambers of mediation, where voices soften and swords rest, disputants gather. Here, they shade their adversarial armor and don the cloak of collaboration. Mediation, like a skilled artisan, weaves together threads of understanding. It transcends rigid legal formalities, allowing the […]
OVERVIEW OF CORPORATE GOVERNANCE PRINCIPLES AND ETHICAL STANDARDS UNDER MWONGOZO CODE
Article by Dr. Ken Wyne Mutuma Corporate governance is a set of rules, practices, and processes that guides the conduct of persons in a company or an organization. It is the technique by which companies are directed and managed. The Mwongozo Code of Governance for State Corporations was introduced in 2015 by the Government […]
Importance of Developing Family Mediation Guidelines in Kenya
On 2 February 2024, the Court-Annexed Mediation (CAM) secretariat in partnership with International Development Law Organization (IDLO) organized a needs assessment consultation workshop towards the development of Family Mediation Guidelines and Guidelines for processing Private Mediation Agreements. The urgency to develop specialized mediation guidelines tailored for family-related disputes stemmed up from the imperative to give […]
