Minimizing Legal Risk and Litigation Costs through Tatua Center

7.0 Dispute Resolution Process through Tatua Center

On 28th November 2014, CIS-ADR Center (later christened - Tatua Center was launched. It was set up as an independent office to resolve all CRB related disputes between consumers, lenders and Credit Reference Bureaus (CRBs) through ADR. The process culminating in this launch was a decision of Kenya Bankers Association (KBA) Governing Council to create an independent office after a consultancy report on the best approach in handling CRB disputes. The disputes were becoming a threat to the CIS mechanism due to a growing number of court cases that painted the mechanism negatively in the eyes of the public and thereby contributed to the negative perception of CRBs.

 

Kindly watch the videos below that testify of Tatua Center from two beneficiaries (Lender and Customer).

7.1 Tatua Center Structure

The table below gives a snapshot of Tatua Centers’ structure;

 

 

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a) A Steering Committee

The Steering committee provides policy direction to the Center and is made up of representatives from the following institutions;

 

  • Consumer Federation of Kenya (Cofek )

  • The Judiciary

  • The AG’s Chambers

  • Inter Religious Council

  • Credit Information Sharing Association of Kenya

  • Financial Sector Deepening Trust

  • Public

b) Registrar

The day to day operations of the Center is undertaken by the registrar who heads a secretariat. The role of the registrar includes;

 

  • Determining whether or not complaints received at the Center fall within the jurisdiction of the Center.

  • Conducting investigations on the disputes and address­ing any specific complexities.

  • Exploring prospects of resolving disputes through intervention, facilitation, or mediation.

  • Liaising with all the parties and ensuring mediation is conducted promptly.

  • Maintaining proper and up to date records of all disputes and ensuring confidentiality at all stages.

  • Educating the public/ creating awareness on the services offered at Tatua Center.

  • Liaising with the Steering Committee and other stakeholders

 

c) Mediators

The panel of mediators handles the disputes that are filed with the Center at an agreed fee structure.