Ciarb Kenya and AJS Strengthen Partnership Through Webinar on People-Centred Justice
The Chartered Institute of Arbitrators (Ciarb) Kenya Branch continues to deepen its collaboration with key justice sector stakeholders as it prepares to participate as a Strategic Partner in the upcoming 4th Annual Alternative Justice Systems (AJS) Conference 2026. As part of this growing partnership, Ciarb Kenya, in collaboration with the Judiciary’s Alternative Justice Systems (AJS) […]
ROUNDTABLE REPORT: Alternative Dispute Resolution for Small and Medium Enterprises in Kenya
1. Background and Context Small and Medium Enterprises (SMEs) form the backbone of Kenya’s economy, contributing approximately 33% of GDP and employing over 80% of the workforce outside the agricultural sector. Despite this significance, SMEs remain disproportionately exposed to commercial disputes that are costly, protracted, and frequently unresolved through formal judicial channels. The Chartered Institute of Arbitrators (Ciarb) Kenya Branch convened a multi-stakeholder roundtable to interrogate the landscape of dispute resolution for SMEs, assess the efficacy of existing mechanisms, and identify entry points for scalable Alternative Dispute Resolution (ADR) interventions. The roundtable convened representatives from the Micro and Small Enterprise Authority (MSEA), the Judiciary, the Kenya National Chamber of Commerce and Industry (KNCCI), the financial sector, the insurance industry, and the youth entrepreneurship ecosystem. This report summarises the deliberations and perspectives presented by each stakeholder group, and distills shared conclusions, identified gaps, and proposed areas of partnership. 2. Micro and Small Enterprise Authority (MSEA) — Perspective Presenters: Maureen Gachogo- Registrar. :Agnes Thiong’o- Senior legal officer. 2.1 Nature and Typology of Disputes in the SME Sector MSEA’s frontline engagement with the SME ecosystem reveals that disputes within this sector are diverse in character and frequently multi-layered. The Authority identified three principal categories of disputes commonly encountered: •Governance disputes: These arise within SME structures, particularly cooperatives, chamas, and registered business associations, where disagreements over leadership, profit-sharing, decision-making authority, and member obligations create internal fractures. Such disputes, if unresolved, often result in enterprise dissolution or significant productive loss. •Resource disputes – Land use: A recurring category of disputes involves access to and use of land for business operations. These disputes frequently involve competing claims among traders, landlords, county governments, and community groups, particularly in the context of informal markets and open-air trading zones. The intersection of customary land tenure and formal title documentation renders these disputes complex and resistant to standard adjudicative processes. •Association and umbrella organisation disputes: SMEs affiliated with trade associations or apex bodies frequently experience disputes arising from membership obligations, levy allocation, and representational authority. These disputes tend to have sector-wide implications where the umbrella body exercises regulatory or quasi-regulatory functions. 2.2 Existing Dispute Handling Mechanisms MSEA noted that original jurisdiction over SME disputes is constitutionally and statutorily vested in the MSE Tribunal, established under the Micro and Small Enterprises Act, 2012. The Tribunal’s dispute resolution framework operates as follows: •The Registrar of MSEs issues formal invitations to the disputing parties, initiating the process without requiring legal representation. •Upon receipt of the matter, the Tribunal establishes rules of engagement tailored to the nature and complexity of the dispute. •The Tribunal assists parties in arriving at resolutions that account for both short- term needs (such as immediate injunctive relief or interim agreements) and long- term commercial sustainability. A notable feature of the Tribunal’s process is the statutory 30-day timeframe for resolution, which aligns with the commercial realities and cash flow sensitivities of SME operators. This expedited mechanism represents a significant advantage over conventional court processes, which can extend over years. Notwithstanding the Tribunal’s mandate, MSEA acknowledged systemic limitations […]
Lusaka International Arbitration Centre Court of Arbitration – Ciarb Global President Cesar Pereira, C.Arb
At independence, Zambia was among the most prosperous countries in sub-Saharan Africa by mineral export earnings. Its copper mines were producing 700,000 tonnes a year. The world came to invest, and Zambia’s future looked limitless. What followed is a story this country knows better than anyone: a global commodity crash, then decades of underinvestment. Enormous […]
CIArb Launches ADR Talk Service and Publishes 2025 Case Report
The Chartered Institute of Arbitrators (CIArb) Kenya Branch successfully launched its first ADR Talk Service, marking a significant milestone in strengthening transparency, professionalism, and public awareness around dispute resolution services. The session was opened by Ms. Evelyn Kemani, Acting CEO of CIArb Kenya, who outlined the objectives of the forum: to demystify the dispute appointment […]
Investment Arbitration Module Training
Advance Your Investment Arbitration Expertise: ICSID Arbitration Training 2026 CIArb Kenya is delighted to invite practitioners to the Advanced ICSID Arbitration Training (Hybrid Format), scheduled from 16th to 20th March 2026. This immersive training is designed for experienced arbitration professionals seeking to deepen their understanding of ICSID procedures, jurisdictional issues, and treaty-based investor–state disputes. The […]
Hon. Prof. Kariuki Muigua, OGW, C.Arb Gives Out 32 Books to CIArb Kenya and the World
The Pillars of Environmental Democracy: A Guide to Hon. Prof. Kariuki Muigua’s Essential Works Long gone are the days when it was fashionable to claim that “if you want to hide something from an African, put it in a book.” With thought leaders and authors such as Hon. Prof. Kariuki Muigua,OGW, C.Arb who prioritize knowledge […]
Lady Justice Joyce Aluoch International ADR Moot 2025
At the opening of the Lady Justice Joyce Aluoch International ADR Moot 2025, held at USIU-Africa, the Chartered Institute of Arbitrators (CIArb) delivered a message underscoring the vital role this competition plays in shaping the future of dispute resolution in Africa. While primarily an academic exercise, the moot was described as a meaningful investment in […]
Strengthening Leadership Through ADR: CIArb Kenya and IOD Kenya Collaborate for Change
In an era where effective leadership demands not only strategic thinking but also adeptness in conflict resolution, the Chartered Institute of Arbitrators (CIArb) Kenya Branch and the Institute of Directors (IOD) Kenya have taken a bold step forward. The two organizations recently held collaborative talks centered on building capacity and raising awareness around Alternative Dispute […]
ADVOCACY IN ARBITRATION AND MEDIATION
CIArb Kenya organized a mentorship session at the Kenya School of Law to aid young legal practitioners in better understanding the role Alternative Dispute Resolution (ADR) plays in the legal world. The event was titled Advocacy in Arbitration and Mediation with the aim of introducing these young legal minds to the world of ADR. Led […]
YMG Connect
The YMG Connect is an informal networking cocktail for young ADR professionals open to both its members and other interested young ADR practitioners.