Minimizing Legal Risk and Litigation Costs through Tatua Center

Module Overview

Formal courts have, for a very long time, performed the primary role in justice delivery including in commercial disputes. The courts follow an adversarial approach to decide on the disputes. In this approach, litigation becomes costly, complex and time-consuming.

It is a fundamental right of every citizen to get speedy justice. As the maxim goes 'justice delayed is justice denied.' Delay in delivery of justice results in loss of public confidence. Challenges faced by litigants in the conventional court systems have propelled the development of alternative dispute resolution. The need for expedient justice delivery is the main driver of Alternative Dispute Resolution (ADR) which not only saves time and cost but also facilitates retention of business relationships.

This module, therefore, delves into the concept of ADR and expounds on the role of Tatua Center, an ADR center focusing on credit information sharing disputes within the financial sector in Kenya. The Center is an independent body established pursuant to Regulation 29 (2)(f) of the CRB Regulations, 2020.

 

Learning Objectives:

By the end of this module, the learner should have a clear understanding of:

  1. Legal provisions underpinning ADR in Kenya

  2. Different ADR models and how they work

  3. Dispute resolution process under CRB Regulations, 2020

  4. Functions and operations of Tatua Center

  5. Common causes of CIS disputes