Arbitration centre in Nairobi to reduce case backlog

High Court Judge Lady Justice Jacqueline Kamau. [PHOTO: STANDARD]

NAIROBI, KENYA: Resolution of legal disputes may reduce by over 50 percent following the construction of an international arbitration centre in Nairobi.

Currently, High Court Judge Lady Justice Jacqueline Kamau said that it would take the High Court 44 months to complete 400,000 cases pending before it.

“It will take us (Judges) three years and eight months to hear and determine cases pending before the High Court even without new matters being filed,” Justice Kamau said.

Justice Kamau was speaking during the Law Society of Kenya (LSK) Special General Meeting on Saturday that resolved to construct a Sh1.2 billion international arbitration centre in South C, Nairobi.

“The Judiciary is encouraging adoption of alternative dispute resolution methods in line with the constitution,” Justice Kamau said.

The alternate dispute resolution forms include conciliation, mediation, arbitration and other traditional dispute resolution mechanisms.

Article 159(2)(c) of the constitution requires the Judiciary to promote alternative forms of dispute resolution as long as they are not repugnant to justice, morality or are inconsistent with the supreme law.

The Judge said that over 95 per cent of disputes in the United States (US) are resolved out of court.

“Over 90 per cent of cases in the United Kingdom are also resolved through alternate dispute resolution methods,” Justice Kamau said.

She said that here are 90 High Court Judges serving a population of over 40 million Kenyans filing numerous disputes a day.

Lawyers voted to each contribute Sh39,000 towards construction of the seven story arbitration centre after banks agreed to advance a loan towards financing 70 per cent of the project.

The lawyers voted after Mr John Ohaga moved a successful motion seconded by Ms Harriette Chiggai towards structured contributions starting from February next year depending on the years of admission.

LSK Branch Chairmen, Senior Counsel Fred Ojiambo, Prof. Kiama Wangai, Senator Judith Sijeny and law lecturer Mr Martin Oloo were among lawyer who approved the motion.