The COMESA Court of Justice is attending the Chartered Institute of Arbitrators (CIArb) Kenya Arbitration Week being held at Kenya School of Government in Nairobi, Kenya from 17 to 21 November 2025 under the theme “Strengthening ADR Practice through Evidence-Based Excellence”. The opening ceremony was graced by esteemed guest speakers such as Hon. Dorcas Oduor, the Attorney General of the Republic of Kenya, Prof. Kenneth Wyne Mutuma, the Chairman of CIArb Kenya Branch, Dr. Chikwendu Madumere, CIArb Africa Trustee, Hon. Kennedy Ogeto, the Former Solicitor General and Hon. Alpha Sesay the Attorney General and Minster of Justice of the Republic of Sierra Leone.

The CIArb Kenya ADR Week is seen as the flagship event on Kenya’s dispute resolution calendar, as it brings together global thought leaders, legal professionals, corporate executives, government officials, and ADR practitioners. The theme of the ADR Week calls for participants to test the foundation of ADR, its workability and how ADR could be strengthened. ADR is increasingly being used among Kenyan government agencies and other commercial institutions, as such ADR has become a popular and preferred avenue for resolving disputes in Kenya, the African continent and beyond. However, there is still a need to improve ADR by making it more expeditious, flexible, affordable, transparent and accountable, and through the adoption of reliable enforcement mechanisms.

The Attorney General of Republic of Kenya, Hon. Dorcas Oduor, made an important observation on the need to ensure that the use of technology does not become a bar to access to justice given the varying penetration of its use.

Hon Kennedy Ogeto, the Former Solicitor General, stated that judicial intervention compromises ADR in cases where ADR awards are challenge in national courts which leads to the matters being stalled for several years. He stated that ADR needs to be seen as a key component of dispute resolution. He called for policy and regulatory reforms through evidence driven approaches which show the bottles necks and the benefits of ADR. He further emphasised the need to take remedial measures such as building capacity of ADR professionals, enhancing professional programmes in ADR and the integration of technology in ADR interventions such as online dispute resolutions.

Dr. Chikwendu Madumere, Ciarb Africa Trustee, stated that ADR mechanisms are justice systems that commercial entities including investors can rely on. Therefore, practitioners, governments and Courts all have a role to play. He recognised that this is where CIArb comes in as a facilitator as it promotes the highest standard of ADR practice in the continent.

The Conference had breakout sessions where panellists had discussions on various topics including Taxation and ADR in Kenya, Arbitration and ADR in Governance Disputes, Africa-China Trade and Investment Disputes, Mediation in Banking and Finance Disputes, and AfCFTA and ADR as a catalyst for Africa Intra-Trade.

The COMESA Court of Justice conducted an exhibition to raise awareness and its visibility among ADR professionals, Kenyan legal practitioners and law students.

In addition, the COMESA Court of Justice participated in a panel session moderated by Ms. Rina Chatrath, FCIArb. The Honourable Registrar Nyambura Mbatia made a presentation on “Bridging the Access Gap: How Arbitration and ADR Can Empower MSMEs in Commercial Disputes to Access Justice” in the COMESA Court of Justice context.

The Registrar’s presentation highlighted what currently obtains at COMESA with regard to how MSME’s can bring matters to the COMESA Court. She noted that MSMEs make up over 80% of enterprises across COMESA, yet they remain the most disadvantaged in accessing justice for commercial disputes. Traditional litigation especially across borders is too slow, costly, formalistic, and jurisdictionally complex. She stated that Article 28 of the COMESA Treaty provides for arbitral dispute resolution however it excludes MSME’s as it only provides for arbitral dispute resolution between Member States, COMESA or its Institutions and third parties, and investor-state disputes.

The Registrar however, stated that MSMEs may bring disputes through Article 26 of the Treaty which provides an avenue for dispute resolution for legal persons. She stated that the Court would soon be introducing its 2025 Rules of Procedure once approved by the Council of Ministers in December 2025. She highlighted that the 2025 Rules of Procedure have now created room for legal persons such as MSME’s to resolve their matters not only through litigation but through Mediation, Conciliation or Arbitration. This would make dispute resolution for MSMEs within COMESA more expeditious especially for cross-border traders for whom time is of the essence as delays lead to higher costs of doing business, and could lead to loss of goods where the goods are perishable.

She further emphasised that Article 34 of the Treaty places a mandatory obligation on Member States to enforce COMESA Court decisions or arbitral awards, and that for enforcement of its decisions or awards, the COMESA Court relies on judicial systems of Member States in which the execution is to take place. She recalled that the COMESA Authority and the Court have the power to prescribe sanctions on a defaulting party that fails to implement its decisions or awards.