Article 159(2)(c) of the Constitution of Kenya, 2010 expressly recognizes Alternative Dispute Resolution (ADR) mechanisms, including mediation and arbitration, as legitimate means of resolving disputes. This constitutional foundation ensures that ADR is not only an alternative but also a complementary pathway to justice.
In addition, the Arbitration Act, 1995 provides a comprehensive framework for arbitration in Kenya, while the Civil Procedure Act and the Civil Procedure Rules incorporate mediation and arbitration as important tools to enhance access to justice.
Kenyan courts increasingly encourage parties to use ADR before proceeding with litigation, recognizing that it saves time, reduces costs, and fosters amicable settlement of disputes.
At Muma & Kanjama Advocates, we embrace this judicial policy by offering professional services in Arbitration and Mediation, helping clients achieve efficient, confidential, and lasting resolutions.
Arbitration
Arbitration is a structured dispute resolution process in which parties present their case to an independent arbitrator, whose decision (award) is binding and enforceable. Arbitration is widely used for commercial, corporate, construction, and contractual disputes.
Advantages of Arbitration
- Binding and Final Awards – arbitral awards are legally enforceable, offering certainty and closure.
- Expertise of Arbitrators – parties can choose arbitrators with specialized knowledge of their industry.
- Confidentiality – hearings are private, protecting sensitive information.
- Flexibility – procedures and timelines can be adapted to suit parties’ needs.
- Reduced Court Involvement – minimal intervention by courts ensures quicker dispute resolution.
Our Senior Partners are Fellows of the Chartered Institute of Arbitrators, Kenya (FCIArb) with extensive experience representing individuals, corporations, and institutions in arbitration proceedings, both locally and internationally.
Mediation
Mediation is a voluntary, confidential process where a neutral mediator facilitates dialogue between disputing parties, helping them reach a mutually acceptable settlement. Mediation is highly effective in family disputes, succession matters, workplace conflicts, and commercial disagreements.
Advantages of Mediation
- Preserves Relationships – fosters cooperation and minimizes hostility between parties.
- Time and Cost Efficient – settlements are often reached faster and at lower cost than litigation.
- Confidentiality – discussions are private and protected from public exposure.
- Party Autonomy – parties design solutions that meet their interests instead of having outcomes imposed.
- High Compliance – since agreements are voluntary, parties are more likely to honor them.
Both Senior Partners are Certified Mediators, trusted to handle sensitive and complex mediations with impartiality and professionalism.
Why Choose Muma & Kanjama Advocates for ADR?
- Legally Grounded Expertise – our ADR practice is anchored in constitutional and statutory provisions.
- Certified Professionals – Senior Partners are FCIArb Fellows and Certified Mediators.
- Tailored Solutions – strategies designed around each client’s unique needs.
- Efficiency and Confidentiality – disputes resolved faster, cost-effectively, and privately.
- Proven Results – a track record of successfully resolved high-value disputes in Kenya and beyond.