TATUA CENTER

History/Background

Tatua Center was established in November 2014 to resolve all Credit Reference Bureau (CRB) related disputes between consumers, lenders, and CRBs. The service was available to CIS Kenya members and their clients, at no cost to disputants. Tatua has executed this mandate with significant success with an average of 200 disputes resolved per year, some having been already filed in court. With extensive experience and demand from the industry, Tatua decided to increase the scope of its services in 2022 to include all financial services sector-related disputes. Tatua has empanelled a pool of mediators and arbitrators who have extensive experience in the financial services industry to achieve better outcomes.

Resolved Disputes

The graph below shows the number of disputes handled by Tatua Center for the last six (6) years

Through enhanced perceptions of neutrality and objectivity, Tatua Center, in 2020, expanded its services to resolve all financial matters offering both mediation and arbitration services. Growth for the Center meant four things;

a) Ability to expand its capacity so as to handle disputes outside the credit information sharing mechanism; and to embrace all commercial disputes within the financial sector.

b) Ability to offer more services; including arbitration for complex matters where parties opt to have the dispute arbitrated as opposed to being mediated.

c) Ability to be sustainable and self-reliant.

d) Ability to have a large pool of accredited professional mediators and arbitrators as well as a well-resourced secretariat to effectively handle the expanded range of disputes in the most efficient manner.

Benefits of using Tatua Center

a) It is efficient and party-centered

b) It operates within the law and guidelines issued by the Judiciary

c) It has qualified and accredited mediators and arbitrators

d) It offers a conducive environment for dispute resolution to both parties

e) Its mediators and arbitrators are experts on financial service matters

Structure of the Center

At the inception, Tatua Canter was governed by a Steering Committee that consisted of representatives from the Judiciary, the AG’s Chambers, Inter Religious Council, Consumers Federation of Kenya, FSD Kenya and CIS Kenya. The Committee provided policy direction for the Center for a period of 3 years and ensured that sustainable structures were put in place for effective running. The office of the Registrar was established under the Committee and was tasked with the following responsibilities;

a) Conducting investigations on the disputes and addressing any specific complexities

b) Maintaining proper and up to date register and records of all disputes and ensuring confidentiality at all stages

c) Allocating disputes to the empaneled mediators

d) Educating the public/creating awareness of the services offered at the Center

The initial structure of the center is represented in the figure below. The Steering Committee has since exited and the Center is headed by the Registrar who reports to the directors of the Center. There exists a deputy registrar who assists the registrar in his roles and a panel of both mediators and arbitrators.