ADVOKS GLOBAL · KENYA
High Court (Organization and Administration) Act
26. Alternative dispute resolution
Edition: 2022-12-31 · In force
26. Alternative dispute resolution
(1)In civil proceedings before the Court, the Court may promote reconciliation amongst the parties thereto and shall encourage and permit the amicable settlement of any dispute.(2)The Court shall, in relation to alternative dispute resolution be guided by the Rules developed for that purpose.(3)Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion, with the agreement of or at the request of the parties, any other appropriate means of alternative dispute resolution including conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution.(4)Where an alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall by order, stay the proceedings until the condition is fulfilled.