Legal Framework for ADR
For a long time, Kenya has not had an integrated legal framework to govern the application of ADR in the resolution of disputes. The institutions undertaking ADR mechanism in Kenya, e.g. Chartered Institute of Arbitrators (Curb), Dispute Resolution Centre (DRC), Family Mediation Centre (FAMEC), FIDA Kenya have relied on international practice. The recent popularity of ADR can be largely attributed to development of legislations.
The Constitution of Kenya, 2010 enjoins courts and other adjudicating authorities to promote and encourage reconciliation, mediation, arbitration and other ADR in settlement of disputes- Art 159 (2)(c)). This is supported under CRB Regulations, 2013, The Consumer Protection Act and Civil procedure 2010 as elaborated below: