The Constitution of Kenya 2010 marked a significant shift towards alternative dispute resolution (ADR) methods, moving away from traditional court-based litigation. Article 159 enshrined ADR’s legitimacy and authority, leading to its increased adoption since then. Historically, ADR was intrinsic to indigenous Kenyan communities, focusing on reconciliation and harmony, but colonialism replaced these methods with English Common Law, marginalizing traditional practices. ADR’s resurgence, as evidenced in the 2021 State of ADR Report, reflects its growing acceptance and application among the public and the judiciary. The forthcoming State of ADR Report, 2024 aims to assess ADR’s progress thirteen years post-constitutional codification, providing insights to guide its evolution from an ‘alternative’ to an ‘appropriate’ method of dispute resolution. Feedback from stakeholders will shape the report’s final version, ensuring it reflects the perspectives of the Kenyan ADR community.
943 Mbaazi Road,
Lavington, Nairobi.
info@wyneandassociates.com
+254 795 411 491
60 Cleveland Road,
Claremont, Cape Town, 7708,
South Africa
Created by TAMATI