The COMESA Court of Justice participated at TAKUKA 2026 Conference

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The COMESA Court of Justice participated at TAKUKA 2026 Conference held at Diamonds Leisure Beach & Golf Resort in Diani, Kenya from 6 to 9 October 2026. The TAKUKA 2026, the joint Conference of the Chartered Institute of Arbitrators and the African Arbitration Association organised a Conference under the theme: “Africa Decides: Sovereignty, Innovation and the Future of Dispute Resolution Continents”.

The Conference was attended by judges, arbitrators, legal practitioners, and other stakeholders from academia, policymakers, government and officials and private entities. The COMESA Court of Justice was represented by Honourable Justice Monica Mugenyi, Honourable Philippe Ruboneza, and Ms Lubaba Sinnary.
The Conference was officially opened on Tuesday, 06 October 2026, by Hon. Dorcas Oduor, SC, Attorney General of Kenya, and Honourable Lady Justice Martha K. Koome, Chief Justice and President of the Supreme Court of Kenya.
Discussions elaborated during the Conference examined the continued practice of referring African disputes to arbitral seats outside the continent; the use of technology in transforming Africa; expending access to justice and strengthen ADR across the continent, ADR in family matters, Arbitral Infrastructure Construction Disputes and the role of the Courts in ADR Procedures.
The discussions underscored the role and the jurisdiction of the COMESA Court of Justice having both adjudicatory and arbitral power. As regards to the arbitral jurisdiction, it was mentioned that in virtue of Article 28 of the COMESA Treaty, the Court has jurisdiction over disputes arising from arbitration clauses in contracts involving the Common Market or its institutions, disputes between Member States that consent to its jurisdiction, and investor-state disputes under Article 28(c). As a regional court with arbitral jurisdiction, it contributes to the development of credible, effective, and accessible mechanisms for resolving disputes within Africa.
Further, a book by the Chief Justice of the Republic of Kenya during the Conference, the Honourable Lady Justice Martha K. Koome on mediation in Kenya was launched.
The conference will conclude with the adoption of the Conference Declaration, followed by closing remarks from H.E. Dr. Musalia Mudavadi, Prime Cabinet Secretary of Kenya.

