EP336 Embracing the Future: How Online Dispute Resolution is Transforming Access to Justice in Kenya

In a world where technology is rapidly changing the way we interact and resolve conflicts, Online Dispute Resolution (ODR) is emerging as a game-changer, especially in Kenya. I got a chance to sit down with the chief officer of the Nairobi Center for International Arbitration–Dr. Henri Murigi, to discuss the role of technology in arbitration and mediation and access to justice.

Some points that deserve to be highlighted are as follows:

1. The Need for Sustainability in Arbitration
   The conversation began with an emphasis on sustainability in arbitration, particularly in light of a conference themed “Arbitrating in the Age of Sustainability” held earlier this year. Practitioners from around the globe gathered to discuss how to integrate green practices into arbitration processes. It was noted that the future of arbitration hinges on embracing sustainable practices to ensure that future generations inherit a viable environment. For instance, NCIA recognizes that failure to adopt these principles could lead to a scenario where arbitration becomes obsolete.
2. Training Arbitrators for the Digital Age
   NCIA is actively involved in training arbitrators and mediators to adapt to the changing landscape of dispute resolution. The incorporation of technology into training programs is crucial. For example, NCIA offers virtual training modules that introduce participants to mediation and arbitration, emphasizing the ethical use of technology to enhance outcomes. This approach not only streamlines processes but also prepares arbitrators to leverage technology effectively in their practices.
3. Integration with Technology Platforms
   The discussion also highlighted the integration of NCIA services with Kenya’s eCitizen platform, a government initiative aimed at streamlining access to public services. This integration allows for smoother payment processes and facilitates access to alternative dispute resolution services. It was revealed that almost every Kenyan has access to a mobile device, making technology an essential tool for reaching citizens, particularly those in remote areas. This not only promotes eCitizen’s mission but lays the groundwork for promoting ODR.
4. Increasing Access to Justice
   One of the most significant advantages of ODR is its potential to increase access to justice. NCIA is committed to engaging with communities across Kenya, especially in rural areas where traditional legal services may be scarce. Recent outreach efforts have included training county attorneys in remote regions, ensuring that citizens are aware of their rights and available dispute resolution mechanisms. This grassroots approach is vital in promoting awareness and encouraging the use of ODR.
5. Current Landscape and Future Prospects
   We touched on the legal infrastructure supporting ODR in Kenya, including recent legislation that facilitates the use of technology in dispute resolution. The government has recognized the importance of artificial intelligence in enhancing service delivery, and NCIA is at the forefront of training practitioners to use these tools ethically. As our talk concluded, it was clear that ODR is not just a temporary solution but a fundamental shift in how disputes will be resolved in Kenya.

The conversation underscored the transformative potential of ODR in enhancing access to justice for all Kenyans. By embracing technology and sustainable practices, NCIA is paving the way for a more inclusive and efficient dispute resolution framework.