The purpose of this policy is to actualize the ideals of Articles 1, 10, 48, 67(2)(f), 113, 159(2) and 189(4) through a robust framework for strengthening, guiding and supporting the coordinated growth of ADR practice and uptake in Kenya.
Sessional Paper No. 4 of 2024
The purpose of this policy is to actualize the ideals of Articles 1, 10, 48, 67(2)(f), 113, 159(2) and 189(4) through a robust framework for strengthening, guiding and supporting the coordinated growth of ADR practice and uptake in Kenya. In so doing, it gives the Kenyan public the opportunity to resolve disputes through means fashioned to respond to the real and practical world in which they live and socialize. It aims to achieve this by proposing a balanced and necessary coexistence of ADR and the court system, while at the same time maintaining the autonomy of ADR as a distinct dispute resolution system.
The policy presents the current status of the ADR system in Kenya, and in discerning the problem identifies challenges, needs and gaps including: lack of uniform understanding of key ADR terms and concepts; inadequate institutional, legal and policy infrastructure; inadequate governance and regulatory mechanisms; weak intra-sector co-ordination and linkage with the court system; inadequate availability, accessibility and demand of ADR services; inadequate capacity within ADR practice areas; inadequate resources; lack of harmonized standards; and weak sectoral governance and oversight among other factors. This Sessional Paper proposes several Government of Kenya
commitments towards addressing these challenges and gaps, towards development of ADR including adapting an inclusive approach to the definition and scope of ADR.
