Don’t leave disputes to chance: Kenyan businesses must embrace ADR
Alex notes that one key lesson he has learned over the years advising Kenyan businesses is that disputes are inevitable. No matter how well-prepared an organisation may be, with strong policies, detailed plans, and cohesive teams, conflicts will still arise.
“The real question,” Alex says, “is how will you deal with them? And if you choose to go to court, when will you actually get your day in court?” He points out that Kenya’s courts are heavily burdened, with magistrates’ courts reporting more than 233,000 delayed cases in 2022, while backlogs in the High Court remain equally daunting.
Alex explains that processes such as mediation and arbitration are more than just legal mechanisms; they are strategic business tools that help safeguard a company’s most valuable assets: its relationships, reputation, and working capital.

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