KBC Channel 1

Author: Claire Wanja

  • Stakeholders urge action on Kenya’s mediator shortage

    Stakeholders urge action on Kenya’s mediator shortage

    Stakeholders have raised concerns over shortage of mediators in the country amid a growing demand for mediation services.

    The country, with a population of over 50 million, has about 2000 registered mediators despite their services being highly sought especially after the Judiciary established the Court-Annexed Mediation program (CAM) to reduce backlog in courts and promote out-of-court settlements.

    Players in the sector maintain that mediation services are imperative in clearing matters that have dragged for years in courts as well as enhancing disputes settlement. They noted that there’s dire need to adopt deliberate measures to bridge the deficit of mediators in the country.

    The stakeholders spoke at Mount Kenya University (MKU) during the graduation of some 27 Certified Professional Mediators (CPM) who have undergone training through the University’s Institute of International and Development Law (IIDLAW) in partnership with Suluhu Mediation Center.

    Speakers at the event noted that court referrals to mediation has increased drastically and hence the need for more qualified mediators adding that case conclusions have significantly risen indicating high success rate.

    Judy Ngayu, the Director MKU Institute of International and Development Law (IIDLAW) noted that training of more mediators will help bridge the gap and ensure that there enough qualified mediators to handle matters within the republic.

    “We have a shortage of mediators as a country and the fact that there so many matters dragging in courts and many files in the Judiciary being handled by mediators is a sign that there’s more that need to be done. This is the reason why MKU through IIDLAW embarked on this program of training mediators,” Ms Ngayu said.

    The Director noted the mediation training program at IIDLAW is set to be taken a notch higher following partnership with Suluhu Mediation Center to offer various programmes, from professional certification courses to specific workshops on topics like commercial or domestic violence mediation.

    Her sentiments were echoed by Ferd Moyomba, the Training Coordinator at IIDLAW  who quipped that the training options include in-person, virtual, and blended formats, and some programs lead to accreditation recognized by the Judiciary of Kenya.

    Senior Resident Magistrate Adelaide Sisenda, who graduated as a CPM after undergoing the training. She noted that mediation practice should be upheld to assist the Judiciary to solve disputes spanning from corporate disputes, succession and inheritance, marital, family and inheritance disputes, commercial and trade disputes among others.

    “Our courts are currently overwhelmed with cases that can be settled through Alternative Dispute Resolution (ADR) processes and especially mediation. This is the only process to amicably solve disputes while ensuring that the relationship between the parties involved is not harmed in any way,” she said.

    Hon Sisenda reiterated that there’s dire need to enhance training of more mediators as well as creating a unified legal framework, such as a national Mediation Act, to facilitate structured growth and standardization of the mediation profession.

    She at the same time emphasized the importance of alternative justice system (AJS) or alternative dispute resolution (ADR) which she said goes a long way to save time and expenses incurred through ordinary litigation.

    “Many Kenyans are still resorting to litigation as their first option and this indicates a persistent need for greater public sensitization about the benefits of mediation,” she noted.

    Suluhu Mediation Center Director Maina Migwi noted that to increase the number of mediators in the country, comprehensive strategies are needed to build a robust mediation ecosystem. He said that the strategies include strengthening the institutional framework, increasing public awareness of mediation’s benefits, and establishing training and financial support systems.

    We must establish common training standards and work with professional and academic institutions to develop and implement standardized training and accreditation programs. This is why we are working closely with MKU through IIDLAW to advance this training.

    The Chief Guest at the event Mrs Chrsitine Kungu, the Chairperson Federation of Women Lawyers in Kenya (FIDA-Kenya) noted that adequacy of certified and qualified mediators will enhance justice for women and girls across the country.

    “We have seen mediation to be a comparatively efficient mechanism for parties who wish to amicably resolve their disputes while enhancing unity and protecting the mutual relationship they have for each other,” she noted.

    She however called on mediators and especially those joining the profession to observe and adhere to the Mediators Code of Conduct as well as uphold high integrity standards in their line of work.

  • Tether, Kotani Pay partner to drive Africa’s digital payment future

    Tether, Kotani Pay partner to drive Africa’s digital payment future

    Tether, the world’s leading digital asset company, has announced a strategic investment in Kotani Pay, a Crypto Asset Service Provider (CASP) that bridges Web3 users to local payment systems across Africa.

    The collaboration seeks to accelerate financial inclusion by making access to digital assets simpler, faster, and more secure for individuals and businesses on the continent.

    Kotani Pay has rapidly become a key player in Africa’s fintech landscape, offering reliable on-ramp and off-ramp infrastructure that connects digital assets to local payment ecosystems. Through this partnership, Tether aims to extend blockchain’s impact beyond speculation — focusing on cross-border payments, liquidity access, and financial empowerment.

    By leveraging blockchain technology, Kotani Pay provides enterprises and individuals with practical tools to manage international transactions efficiently. The investment will help reduce high transaction fees, long settlement periods, and barriers that have historically excluded African SMEs and entrepreneurs from global financial systems.

    “At Tether, we believe that blockchain technology plays a critical role in unlocking financial freedom,” said Paolo Ardoino, CEO of Tether. “Kotani Pay’s vision and strong regional presence make it the right fit to drive our shared goals in Africa. Together, we aim to reduce friction in cross-border transactions and build a more inclusive financial future.”

    According to the Chainalysis Regional Report, Sub-Saharan Africa recorded on-chain crypto transactions worth over US$205 billion between July 2024 and June 2025 — a 52% year-on-year increase, primarily driven by remittances and retail use. Markets such as Nigeria, Kenya, South Africa, and Ethiopia are leading this digital finance transformation.

    In regions facing inflation, currency instability, and limited banking infrastructure, blockchain technology offers a reliable alternative for both personal and business transactions.

    “This strategic investment from Tether better positions us to continue building bridges between Africa and the global financial system,” said Felix Macharia, CEO and Co-founder of Kotani Pay. “We are proud to be part of the Tether ecosystem and to work toward expanding financial tools that create wealth and opportunity for African communities.”

    Tether and Kotani Pay share a vision of financial empowerment, transparency, and innovation. Together, they are developing infrastructure that supports inclusive access to blockchain-based tools — improving efficiency, promoting trust, and strengthening Africa’s position in the global digital economy.

    This partnership marks a pivotal step in demonstrating how blockchain technology can enhance everyday financial experiences and business operations, driving Africa toward a resilient, inclusive, and technology-driven future.

     

  • Not so fast: Disputed debts and arbitration clauses as a shield against insolvency proceedings

    Not so fast: Disputed debts and arbitration clauses as a shield against insolvency proceedings

    Can a contractor pursue insolvency proceedings where the debt is disputed and an arbitration clause exists? This was the central issue before the Court of Appeal in Kwale International Sugar Company Limited v Epco Builders Limited & 2 Others [2025] KECA 227 (KLR), a case with implications for contractors, employers and legal practitioners navigating construction disputes.

    In 2012, Kwale Sugar contracted Epco Builders (Epco) to construct a sugar factory under a KES 2.22 billion Engineering, Procurement and Construction (EPC) agreement. A dispute arose over alleged non-payment of KES 712 million. Epco issued a statutory demand and subsequently filed an insolvency petition seeking liquidation of Kwale Sugar. Kwale Sugar applied to set aside the demand and strike out the petition, arguing that the debt was genuinely disputed; the parties were bound by an arbitration clause; and the demand was defective under the Insolvency Regulations.

    The High Court dismissed the application. On appeal, the Court of Appeal upheld the outcome but clarified important legal principles at the intersection of insolvency law and construction contracts.

    Kwale Sugar had cited personal bankruptcy provisions instead of the corporate insolvency rules. The court found this error non-fatal, confirming that courts will prioritise substance over form in the absence of prejudice.

    The Court of Appeal criticised the High Court’s remarks that the debt was undisputed, noting that such conclusions should be reserved for full hearings or arbitration. Courts should be cautious not to prejudge contested issues during interlocutory proceedings.

    While acknowledging the existence of the arbitration clause, the court held that it does not oust the jurisdiction of insolvency courts. Insolvency proceedings are collective in nature and serve a public interest function that may override private dispute resolution arrangements.

    The court held that defects in the statutory demand, such as form irregularities, will not invalidate it unless actual prejudice is demonstrated. In this case, no prejudice was shown.

    For contractors, certificates are persuasive but not talismanic. Their legal effect depends on the contract’s terms, and they will not cure fundamental issues of non-compliance, missing support or unresolved set-offs. Insolvency should be reserved for clear cases of non-payment, not deployed as leverage in a live valuation dispute.

    The message to debtors is equally clear: a technical objection is strongest when coupled with a coherent evidentiary record showing why the sum claimed is not presently due under the contract.

    The consequences are practical. For employers, an arbitration clause is valuable only if it is invoked promptly and carried on the back of documentary substance, such as engineer or architect determinations, measurement records, variation orders, defect notices, correspondence evidencing reconciliation and a credible set-off schedule. Paying the undisputed slice protects credibility and undercuts any narrative of inability to pay, while reserving genuine disputes for the agreed dispute-resolution forum. For more on what constitutes a genuine dispute, see our previous alert here.

    For project owners, contractors and funders, the case reinforces the value of disciplined paperwork: interim payment certificates (IPC) packs tied to contract mechanisms, site diaries, measurement sheets, variation order (VO) approvals, notices and reconciliations. In a payment standoff, those records, rather than the insolvency court, will decide who ultimately pays whom, and how much.

    Debt disputes must be resolved on merits, not prematurely at interlocutory stages. Arbitration does not override insolvency jurisdiction, especially where the debt is not genuinely contested. Genuine disputes on substantial grounds must be resolved through appropriate forums like arbitration or full trial. Form defects in statutory demands will not invalidate proceedings unless actual harm is proven.

    The Kwale Sugar decision reinforces the principle that insolvency proceedings must be reserved for clear cases of inability to pay and cannot be used as leverage in unsettled construction disputes.

    It also clarifies the boundaries between private dispute resolution mechanisms and public insolvency processes. Where debts are genuinely disputed on substantial grounds, the appropriate forum remains the agreed dispute resolution mechanisms, not the insolvency court.

    Desmond Odhiambo is a Partner in the Dispute Resolution practice at Cliffe Dekker Hofmeyr (CDH) Kenya

  • Kenyan scientist honoured for saving rare antelope

    Kenyan scientist honoured for saving rare antelope

    A Kenyan scientist has been recognised for his efforts to save the world’s most endangered antelope at this year’s Animal Action Awards.

    Dr. Abdullahi Ali, Founder of the Hirola Conservation Program (HCP), has been awarded the Lifetime Achievement Award by the International Fund for Animal Welfare (IFAW) at the BAFTA in London. He has dedicated his life solely to the conservation of the hirola antelope, whose population is approximately 500 individuals, making it one of the most critically endangered mammals on earth.

    Growing up in Garissa, a remote town in Kenya’s northeastern region and historical range for the hirola, Dr. Ali overcame great odds to acquire an education and become a distinguished scholar. He earned his bachelor’s degree in wildlife biology in 2005, a master’s degree in Conservation Biology from the University of Nairobi in 2010 and received his Ph.D. in Ecology from the University of Wyoming, where he also won the Outstanding Dissertation of the Year award in 2016.

    In 2005, the Kenya Wildlife Service (KWS) reached out to Dr. Ali to spearhead the Hirola Management Committee in northeastern Kenya. As it is mainly found in community lands, he works to support community-based conservation programs focused on hirola conservation.

    He founded the Hirola Conservation Program (HCP) in 2014 and has performed groundbreaking work to save the critically endangered antelope. His leadership, which combines evidence-based conservation, climate mitigation, habitat restoration, and community action, has made him a global voice for community-led conservation.

    “Individual animals surviving and thriving keep us motivated despite the challenges we encounter. Small things that we do matter. In 2012, we placed GPS tags on 12 hirolas in a very insecure and volatile area. This exercise contributed foundational research on hirola ecology, including species habitat requirements and diet. It also helped us to understand that range degradation is the primary contributor to the decline of the species,” says Dr. Ali.

    “Unfortunately, the poaching of over five thousand elephants in the 1980s also degraded the hirola rangeland. Replanting grasses that the antelope feed on has been pivotal in keeping the species alive,” says Dr. Ali. “Climate change is a major challenge in northeastern Kenya – it’s either drought or floods. There are a lot of humanitarian efforts, but unfortunately, there is very limited support for wildlife. That is where we come in, to rescue and feed impacted animals or those seeking refuge in people’s homes during floods – including crocodiles. We work with the Kenya Wildlife Service to get the wildlife and release them back into their habitat,” he adds.

    Acquiring resources to care for the hirola is not easy, as donors tend to fund well-known charismatic species like elephants and lions. Another challenge in hirola conservation is that when grasses are re-established to restore the rangeland, primarily found in community lands, existing traditional grazing plans are altered and, in some instances, the local communities tend to increase their livestock numbers. This is a problem because hirola and cattle eat the same food.

    Despite these challenges, Dr. Ali has made significant strides in animal welfare and conservation in northeastern Kenya. His work sets him apart owing to his dedication, innovation, and deep commitment to preserving wildlife.

    “I congratulate Dr. Ali on winning the lifetime achievement award! His academic pursuits and commitment to animal welfare and rescue, especially in Kenya’s remote northern region, make him a suitable winner,” said James Isiche, Africa Director, IFAW. “What Dr Ali has accomplished takes resilience and discipline. This win should create much-needed global awareness of the little-known and highly endangered hirola antelope and help mobilise much-needed resources to do more not just for the antelope but for wildlife species in North Kenya in general,” he added.

    In 2017, he established the Somali Giraffe Project (SGP), a community-based conservation project that focuses on the conservation and recovery of the endangered reticulated giraffe, particularly those afflicted by human-wildlife conflict and civil war in Somalia. The Geri Tracker initiative under SGP provides the first-ever GPS satellite giraffe tracking technology for understanding giraffe movements, spatial needs, and habitat use throughout Northeastern Kenya, and aims to improve conservation efforts. The Kenyan Wildlife Service has also appointed Dr. Ali as the honorary warden for the Eastern Conservation Area, where he leads wildlife rescue, rehabilitation, and re-wilding efforts in the vast Northeastern Kenya.

    Following a prolonged drought in Kenya and many parts of the Horn of Africa, which persisted from late 2020 through to 2022, Dr. Ali, through his organisation Hirola Conservation Program (HCP), initiated emergency intervention measures in 2021 and throughout 2022 to avert loss of life and livelihoods. Some of the interventions include water tracking and supplemental wildlife feeding for key species, including warthogs, giraffes, and Zebras.

    He is tackling climate change in an area that gets little assistance from agencies, tourism, or other sources. He is bringing environmental awareness, education, and rehabilitation to his home, with the goal of saving the hirola. He has put 10,000 acres of wildlife habitat under environmental restoration. He and HCP undertake village-based education and outreach programs for communities, integrating field visits with outreach programs entailing lectures, video shows, public discussions, and de-snaring patrols. HCP currently works with 40 local rangers, decreasing poaching and environmentally destructive practices.

    Internationally, Ali serves as the President of the Kenya Chapter of the Society for Conservation Biology, is a longstanding member of the International Union for Conservation of Nature Species Survival Commission (IUCN/SSC) Antelope Specialist, a recent member of the IUCN’s Giraffe and Okapi Specialist Group, a National Geographic Explorer, and works as a fellow for the Zoological Society of London’s EDGE (Evolutionarily Distinct and Globally Endangered) group.

    Ali is also a member of the National Hirola Management Committee (Kenya), an elected National Giraffe Conservation Task Force (Kenya) member. He has received various awards globally for his conservation work including the prestigious Whitley Funds for Nature Awards, the National Geographic/Buffett Awards for Leadership in Conservation in Africa, EDGE Affiliate Conservation Heroes Award from the Zoological Society of London, Hornaday Conservation Award for excellence in mammal conservation by the American Society of mammalogists, Disney Conservation Hero Award, the Garissa County outstanding service Award and the Humane Hero Award by the American Humane Society.

    ​IFAW’s Animal Action Lifetime Achievement Award recognises those who have dedicated their lives to rescue or conservation and have made a meaningful difference in their field.

  • Raila legacy: Analysts celebrate Indo-Kenya relations championed by Raila

    Raila legacy: Analysts celebrate Indo-Kenya relations championed by Raila

    Economic policy and political risk analysts have paid a glowing tribute to former Prime Minister Raila Odinga, describing him as a Pan-Africanist who immensely shaped Indo-Kenya relations.

    Speaking at the first Mentoria Fireside Chat hosted under the theme ‘Indo-Kenya Economic Imperatives’, the economic and public policy analysts, including Ken Gichinga, Dismas Mokua and George Waithaka, underscored Raila’s role in advancing bilateral relations between Kenya and India.

    Comparatively, the analysts noted that India, as a democracy, shares a lot with Kenya and has had a rich legacy on Kenya’s prosperity, historically standing ahead of other development partners such as China.

    Dismas Mokua added: ‘India’s influence on the international stage is unmistakable. You find Indians in powerful roles across the world—people who help move systems, markets and ideas.’ Ken Gichinga noted: ‘We know China gives loans to Kenya but there is a lot that India does—and it does not shout about it.’

    Raila’s passing in India while seeking medical attention, the analysts said, reflected Raila’s trust in the country’s medical system, including traditional Ayurvedic medicine. George Waithaka observed: ‘India has done a great deal—and keeps doing more—without shouting from the rooftops. Look at the quality of its technology: products built in India are increasingly premium. In medicine and public health, it runs some of the world’s best hospitals and supplies life-saving drugs worldwide.’

    India is the fourth-largest economy in the world by nominal GDP, having recently surpassed Japan. According to estimates, India’s GDP stands at around $4.19 trillion, behind the US, China and Germany, which have larger economies. Projections suggest India is on track to become the third-largest economy, potentially surpassing Germany by 2030.

    Offering an on-the-ground perspective, Analyst Dennis Okari said: ‘When I landed in India, I bought a SIM card for about Sh50 that came with 15GB of data refreshed weekly at no extra cost. Data is expensive in Kenya; in India I was told government policy prevents any single company from dominating, so competition keeps prices low. Even branded clothing was affordable—because much of it is manufactured locally rather than imported.’

    ‘As we celebrate Raila Odinga’s life, one of the distinct credits that he must get is his role in advancing India-Kenya relations. Even when it sometimes appeared unpopular, Raila was by far India’s foremost ambassador, allowing us a glimpse into the latent mutual value of India-Kenya relations—from political experiences to economic, social and even medical values,’ Mr Gichinga said.

    ‘At the political-economy level, our departed Pan-Africanist and statesman stood tall, often reminding us that India was the largest global democracy with a vibrant parliamentary form of government, worth emulating,’ Mr Mokua noted. Gichinga added: ‘I’ve been to India and was struck by how differently things are done. The policy mindset is people-first and development-driven.’

    At the Mentoria Fireside Chat, which reviewed several India-Kenya political and development-economic factors, the panellists acknowledged Indian Prime Minister Narendra Modi’s tribute to the late Raila Odinga.

    In his tribute, PM Modi said: ‘Deeply saddened by the passing of my dear friend and former Prime Minister of Kenya, Mr Raila Odinga. He was a towering statesman and a cherished friend of India. I had the privilege of knowing him closely since my days as Chief Minister of Gujarat, and our association continued over the years.

    He had a special affection for India, our culture, values and ancient wisdom. This was reflected in his efforts to strengthen India-Kenya ties. He particularly admired Ayurveda and the traditional medicine systems of India, having witnessed their positive impact on his daughter’s health. I extend my deepest condolences to his family, friends and to the people of Kenya in this hour of grief.’

    The fireside chat explored the salient advantages that Indo-Kenya relations enjoy and bring to the broader economy, and will address the question: India and Kenya—beacons of democracy. Can they be leaders of economic growth in the Global South? Okari added a consumer-experience note: ‘When I was in India, I’d order a pizza and it arrived hot within minutes; ice cream landed in about three minutes, still ice-cold. The service culture is unmatched—and if anything was late, you got a refund or even double the order as compensation.’ He said there is also practical process learning for Kenya’s national exercises: ‘There is a lot Kenya can learn from India, which has a huge population and conducts a seamless election, because Kenya conducts a very expensive election every five years.’

    ‘The first Mentoria Fireside Chat is a platform for thought leaders to share insights and will feature a rich panel consisting of eminent social and economic experts to explore the dynamics surrounding the Indo-Kenya economic and social partnerships,’ Gichinga said.

    He added, ‘For Economic Affairs enthusiasts, International Relations Scholars and Public Policy Analysts, this will be an opportunity to join in the chat that will highlight the historical relations that have shaped Kenya’s economic development and the support provided by India in the infrastructure, health, education and related sectors.’

     

  • Kenya Power backs EV, hybrid rollout by dealers

    Kenya Power backs EV, hybrid rollout by dealers

    The Kenya Power and Lighting Company Board Chairperson, Joy Masinde, has lauded the ongoing corporate efforts by local motor dealers to introduce Electric Vehicles and Plug-in Hybrid Electric Vehicles (PHEV) in the local market.

    Speaking during a test-drive experience in the new BYD SHARK 6, a PHEV pickup truck, introduced in Kenya by Loxea Kenya, the Kenya Power Chairperson reiterated the power distributor’s commitment to enhancing access to electric vehicle charging infrastructure countrywide.

    Kenya Power, she said, is focused on decarbonising the grid through a strategic commitment to climate action by enabling the electric-mobility agenda.

    “I enjoyed my drive on the BYD Shark 6 this morning, which has impressive road handling and mind-blowing features at a very competitive price,” Masinde said.

    She added, “At Kenya Power, we are working very hard to power a sustainable future for Kenya through electric mobility and the introduction of EVs and Hybrid vehicles by firms such as Loxea Kenya, which fits very well in our strategy.”

    Loxea Kenya, a subsidiary of CFAO Mobility Kenya, recently introduced the fast-selling BYD SHARK 6, which is proving to be a popular customer choice as charging and after-sales service infrastructure continues to grow countrywide.

    BYD vehicles are rapidly becoming the preferred choice for Kenyan consumers who demand innovative, reliable, and sustainable mobility solutions. At Loxea Kenya, we are proud to lead the country’s transition towards cleaner transportation by offering models like the BYD SHARK 6 and Sealion 6, which provide cutting-edge plug-in hybrid technology combined with affordability and performance. Ms Kinyoe said.

    Alongside the BYD SHARK 6, BYD by Loxea in Kenya, the BYD Sealion 6, an SUV PHEV Model, is enjoying steady growth.

    The company has also introduced the BYD Dolphin in the local market. TIME Magazine recently named the BYD Dolphin as one of the best inventions of 2025. It is the company’s star and cheapest offering, priced at Kshs 3.6 million locally. It’s a compact hatchback, with the simplest version featuring a 30kWh battery, a 55kW motor, a range of 305 km, and a top speed of 130 km/h.

     

     

  • Local Think-Tank launches Fireside Chats to deepen policy debate

    Local Think-Tank launches Fireside Chats to deepen policy debate

    Local economics and public policy think-tank Mentoria Economic Ltd has unveiled a new fireside chat series focusing on international relations with a bias on local economic partnerships.

    Speaking when he confirmed the launch of the new Mentoria Fireside Chat Series, the firm’s Managing Director, Ken Gichinga, said plans are at an advanced stage to host the first event mid-month.

    The first Mentoria Fireside Chat, Gichinga said, will be hosted this Friday on 17th October at the Baraza Media Lab under the theme: Indo-Kenya Economic Imperatives.

    The fireside chat will explore the salient advantages that Indo-Kenya relations enjoy and bring to the broader economy, and will address the question: India and Kenya—beacons of democracy. Can they be leaders of economic growth in the global south?

    “The first Mentoria Fireside Chat is a platform for thought leaders to share insights and will feature a rich panel consisting of eminent social and economic experts to explore the dynamics surrounding the Indo-Kenya economic and social partnerships,” he said.

    He added, “For Economic Affairs enthusiasts, International Relations Scholars and Public Policy Analysts, this will be an opportunity to join in the chat that will highlight the historical relations that have shaped Kenya’s economic development and the support provided by India in the Infrastructure, Health, Education and related sectors.”

     

     

     

  • Don’t leave disputes to chance: Kenyan businesses must embrace Alternative Dispute Resolution

    Don’t leave disputes to chance: Kenyan businesses must embrace Alternative Dispute Resolution

    If there’s one lesson, I’ve learned over the years advising Kenyan businesses, it’s that disputes are inevitable. It doesn’t matter how many plans you’ve made; how strong your policies are or how well you know your colleagues – conflicts will arise.

    The real question is, how will you deal with them? And if you go that route, when will you get your day in court? Courts in Kenya are clogged. In 2022, magistrates’ courts reported over 233,000 delayed cases, and backlogs in the High Court are equally daunting.

    I have witnessed firsthand how even small contractual disagreements can turn into years-long court battles, draining time, cash, and energy. That’s where Alternative Dispute Resolution (ADR) comes into play.

    Processes like mediation and arbitration aren’t just legal tools, they’re business tools. They are a way to protect your company’s most valuable assets: relationships, reputation, and working capital.

    Take confidentiality, for example. Litigation is public. Trade secrets, pricing models, and strategic decisions can end up exposed. ADR keeps sensitive matters private. Beyond that, it gives you control. You choose timelines, procedures, and even the arbitrators. You decide the language of the process. You tailor it to your business, not the court’s calendar. In my experience, this flexibility often makes the difference between a dispute that disrupts operations and one that is resolved efficiently.

    Yet despite these benefits, many contracts barely touch on ADR – or at least do so very poorly. A 2021 study by the Nairobi Centre for International Arbitration found that 22.4% of commercial contracts surveyed had no ADR clause at all, and another 20% of respondents didn’t know ADR existed. Many clauses are copied from templates and fail to address critical elements like the seat of arbitration, appointing authority, or preconditions for triggering the process. These oversights can stall a resolution and leave your business exposed at the worst possible time.

    The good news is that ADR works, and it does so with brilliant efficiency. Court-Annexed Mediation has a 92.3% success rate with continued growth recorded. These mechanisms don’t just resolve disputes; they free up cash and energy to focus on growth. Most importantly, they preserve relationships. I’ve seen partnerships salvaged through mediation where litigation would have destroyed trust. Arbitration, while more formal, avoids the public spectacle of a courtroom and allows parties to move forward strategically.

    ADR isn’t just about legal compliance. It’s about embedding a solid mindset of dispute resolution within the business. Companies that proactively embed ADR clauses are more resilient, more strategic, and better able to navigate uncertainty. If there’s one insight, I want business leaders to take away, it’s this: don’t wait for a dispute to force your hand. Build ADR into your contracts now, and you protect more than just your legal rights, you protect your business.

    Alex Muchira  is a partner at Cliffe Dekker Hofmeyr (CDH) Kenya

  • BYD Shark launch spurs UK, Kenya sales surge

    BYD Shark launch spurs UK, Kenya sales surge

    A fortnight after the launch of the new BYD SHARK 6, a plug-in hybrid electric (PHEV) pickup truck, in Kenya by Loxea Kenya, the Chinese automobile manufacturer has set a new sales record in the UK, selling 9,271 cars in Q1 alone.

    Loxea Kenya, a subsidiary of CFAO Mobility Kenya, while celebrating BYD’s impressive growth in the UK, confirmed that its sales success in Kenya is also beginning to grow, with the first BYD SHARK 6, shipment already sold out.

    Speaking in Nairobi, Loxea Kenya Managing Director, Jennifer Kinyoe said the firm has placed a replenishment order to meet fast-growing customer demand. Plug-in hybrid electric vehicles (PHEV), she said, are proving to be a popular customer choice as charging and after sales service infrastructure continues to grow countrywide.

    “BYD vehicles are proving to be very popular models among discerning local clients in Kenya and beyond, seeking quality mobility solutions. Barely two weeks into the launch of the BYD SHARK 6, we have successfully sold the first five units shipped last month,” Kinyoe said. She added, “We have placed follow-up orders and the pre-order list is growing fast, as we expect to deliver more BYD SHARK 6 vehicles to clients on the waiting list by the end of the year.”

    In the UK, the new sales record is not only BYD UK’s most successful quarter since the company introduced passenger cars in March 2023, but also means the company sold more cars in the most recent quarter than the whole of 2024 combined.

    This impressive achievement has propelled BYD’s UK market share to 1.6%, from 0.45% in 2024. In March alone, total market share was 1.8% – in exactly two years since the company launched passenger cars in the UK.

    The SEAL U DM-i and SEAL were the standout sales stars in Q1, with the former the best performing model in the PHEV segment and the latter the seventh best-selling model in the pure electric category. The company registered 3,975 SEAL U DM-i and 2,521 SEAL.

    Steve Beattie, Sales and Marketing Director, BYD UK: “I am incredibly proud of our latest achievement in the UK; thanks to the tireless work of our team and retailer partners we have smashed yet another sales record. At BYD our mission is to bring high-tech and high-value cars to our customers, and it’s great to see this resonating with UK buyers. With the addition of SEALION 7, we are confident that more people will continue to choose BYD.”

    The all-new BYD SEALION 7 joined the range in March and is already proving popular with customers. Based on BYD’s e-platform 3.0 and utilising the brand’s innovative Blade Battery, the SEALION 7 combines sporty performance, stylish SUV design, cutting-edge technology and a beautifully finishes, spacious cabin. With an all-electric range of up to 312 miles of range, the SEALION 7 further extends the reach of BYD in the UK car market.

  • Sanlam Kenya launches flexible, tech-driven pension solution

    Sanlam Kenya launches flexible, tech-driven pension solution

    Listed non-banking financial services firm Sanlam Kenya Plc has announced the launch of the Sanlam Akiba Plus Pensions product that will be primarily delivered and distributed on its digital platform.

    The new mobile-first Sanlam Akiba Plus has been designed to boost life insurance product penetration and retirement savings growth, while allowing for self-service convenience and online onboarding for digitally savvy consumers.

    The launch of the product aligns with recently released industry statistics issued by the Insurance Regulatory Authority (IRA), confirming that Kenya’s insurance industry had recorded robust growth in the second quarter of the year, driven by Digital Transformation initiatives and Regulatory Reforms. According to the IRA, during the period under review (Q2 2025), the long-term (Life) insurance business reported gross written premiums of Ksh 110.39 billion, representing a 17.7% growth compared to the same quarter in 2024.

    Speaking when she confirmed the launch of the new Sanlam Akiba Plus, Sanlam Life CEO Jacqueline Karasha said the firm is investing heavily in Insurance Technology (InsurTech) innovation, research, and development to boost the uptake of digital Life Insurance products.

    She further affirms, “Our goal with Akiba Plus is to close the pension gap in Kenya by offering a simple, credible and future-ready solution that works for everyone. This is about helping Kenyans save consistently and retire with dignity.”

    Sanlam Life, a member of the Sanlam Kenya Group, is actively working to promote financial inclusion and accelerate national savings through pensions products in Kenya by delivering digital solutions that empower individuals and businesses to take control of their financial future.

    “The development of Sanlam Akiba Plus underscores the wider commitment and investment by Sanlam Kenya to enhance the delivery and distribution of insurance products through robust digital platforms,” Dr. Patrick Tumbo EBS, Group CEO, Sanlam Kenya said.

    He added, “With Sanlam AkibaPlus, our existing and potential clients will now enjoy convenient access to a platform that allows them to take charge of their savings, increase their wealth and grow their retirement savings.”

    The mobile-first Sanlam Akiba Plus platform allows users to self-onboard into personal pension plans, while enabling employers and SME entrepreneurs to set up workplace pension schemes for their employees.

    All Sanlam Akiba Plus contributions will be guaranteed against capital depreciation and will earn a guaranteed minimum return of 5%. The scheme’s assets will be managed in accordance with the Trust Deed and Rules, Investment Policy Statement (IPS) and the Retirement Benefits Act.