Date: July 18, 2025
Speakers – Justice Joseph Nyamu. C.Arb, Wilson mwihuri, FCIArb, Patterson Kamaara, FCIArb
Moderator – Irene Kashindi, FCIArb
On the heels of a transformative discussion in Kenya’s ADR space, the Chartered Institute of Arbitrators (CIArb) Kenya has reaffirmed its commitment to strengthening ethical standards, improving professional practice, and driving reforms in arbitration and mediation. The panel, which brought together thought leaders and legal practitioners, addressed key challenges facing arbitration in Kenya ranging from integrity concerns to procedural inefficiencies and explored concrete steps to strengthen the field.
Key Themes from the Discussion
1. Enforcing Ethics in Arbitration
Wilson underscored a critical gap in the enforcement of ethical codes within arbitration, citing a lack of recourse for parties who encounter misconduct. He drew attention to the Dispute Resolution Bill, which proposes establishing a National Dispute Resolution Council tasked with developing and enforcing ethical and professional standards.
A core message from this segment: Without enforceable mechanisms and consequences, ethical codes risk becoming ceremonial. Wilson called for greater accountability and emphasized that arbitration must be anchored on evidence-based and impartial decision-making.
2. Enhancing Arbitration Standards and Culture
Joseph called for a revitalization of arbitration’s founding principles fairness, cost-effectiveness, and speed. He pointed out the decline in professional standards, issues with integrity, and disputes over fees that delay proceedings. To mitigate these, Joseph proposed:
- Use of remuneration agreements to reduce cost-related disputes
- Legislative clarity on arbitration timelines
- Greater engagement with universities, law schools, and the Kenya Judiciary Academy to foster a better understanding of arbitration across the legal ecosystem
He also advocated for a broader international interpretation of public policy to limit undue court interference in arbitral awards.
3. Transparency, Integrity, and the Role of Technology
A lively debate emerged on the balance between confidentiality and transparency, especially in disputes involving public institutions. Wilson referenced a controversial case from Singapore, which raised alarms about copy-pasting arbitral awards, drawing attention to impartiality issues.
The panel also addressed the implications of artificial intelligence in arbitration, with Irene raising ethical concerns about AI’s use in decision-making. Kamara noted that as arbitration starts resembling litigation with increased preliminary objections and procedural tactics there is an urgent need to preserve its unique value proposition: speed, flexibility, and efficiency.
4. Maintaining Integrity in Arbitration
Patterson highlighted the indispensable role of judicial collaboration in effective arbitration, noting that a weak judiciary undermines the entire system. He shared real-life examples of attempted bribery, emphasizing the critical importance of personal integrity and moral courage among arbitrators.
Irene reinforced the idea that a well-earned reputation for integrity serves as a strong deterrent against corruption attempts. The panel called on all stakeholders to prioritize ethical character and internal vigilance to protect the profession’s credibility.
5. Legal Clarifications in Arbitration and Mediation
The conversation shifted to specific legal issues around timeframes and enforceability:
- Joseph explained that tribunals have discretion in issuing awards within reasonable time limits, and upcoming amendments to the Arbitration Act will enhance clarity.
- Patterson emphasized that signed mediation agreements are enforceable, whether through courts or alternative dispute systems, reinforcing the strength of mediation as a viable ADR method.
Next Steps: CIArb Kenya’s Action Plan
Following the insights and recommendations from the panel, CIArb Kenya has outlined a proactive course of action:
- 📑 Submit a compiled memorandum of comments and feedback on ADR-related bills to the Attorney General’s office.
- ⚖️ Incorporate enforcement mechanisms into proposed amendments of ADR laws to ensure ethical compliance.
- 🏛️ Continue collaboration with the Kenya Judiciary Academy to train judges on ADR in line with the existing MoU.
- 🤝 Facilitate engagement platforms between arbitrators and judges for better alignment on arbitration laws and processes.
- 📅 Host ADR Week from November 17–21, featuring discussions, workshops, and sectoral forums.
- 🏗️ Organize an industry-specific forum with the Architectural Association of Kenya on July 24, focusing on “Design, Delay, and Disputes.”
- 📋 Participants to submit questionnaires on ethics and ADR mechanisms as part of a nationwide research project on the current state of ADR in Kenya.
Conclusion: Reform with Purpose
As Kenya’s legal and ADR communities evolve, the panel highlighted the urgent need for self-regulation, policy reform, and a collective ethical commitment. Strengthening public trust in arbitration and mediation hinges on real accountability, continued professional development, and robust institutional partnerships.
CIArb Kenya is proud to be at the forefront of these efforts, and we invite all stakeholders advocates, arbitrators, judges, academia, and the public, to be part of this vital transformation.
