On behalf of the Branch Committee of the Chartered Institute of Arbitrators, Kenya Branch,  it is my pleasure to welcome you to the 34th Annual General Meeting where we gather together to review the performance of the Branch during the past year of its operation.

The year 2017 was indeed an active, eventful year full of activities and engagements with the membership. It was also a time to reflect on ideas and strategies to re-position the Branch as a centre of choice in alternative dispute resolution.

I also extend my utmost gratitude to the Branch Committee and Subcommittee members for their support during this past year and the excellent input each and every one of them have contributed to the Branch.

Fellow members, allow me to report that the Branch has posted better performance compared to the year 2017.

 

BRANCH COMMITTEES

The performance of the Branch has received contribution and support of the Branch Committee and the Subcommittees, namely:

a) The Executive Subcommittee

b) The Education and Membership Subcommittee

c) The Legal Subcommitttee

d) The Marketing Subcommittee

I wish to commend their participation and contributions towards the Branch and in giving me their support during my leadership at the Branch this past year. As part of good corporate governace, the Branch report on attendance of the Branch Committee and Subcommittee Members is provided in this report for members to note the level of engagement and participation at meetings.

 

ACTIVITIES OF THE BRANCH IN 2017

a) Financial Performance

The total income for the year 2017 increased by 33% to Kshs. 43,784,782 compared to Kshs. 33,923,664 recorded in the year 2016.

Operating surplus before tax improved slightly by 12% from a total of Kshs. 4,637,512 in 2016 to a surplus of Kshs. 4,852,446 in 2016.

The final net surplus after tax reduced slightly to Kshs. 3,675,256 in 2016 compared to a surplus of Kshs. 3,883,274 in 2017 representing an decrease by 5%.

 

b) Membership Growth

During the year 2017, the membership grew as follows: Associates 94, Members 51 and Fellows 7 and Chartered Arbitrators 4.  Our membership as at 31st December 2017 was 795.  Fellow members, the Branch will continue to reach out to participants who had previously attempted Entry Course into Arbitration in a bid to increase membership. This initiative was started last year and will continue as a process to continue the sensitization to join the membership of the Branch.

The Branch also calls on members to enroll into the higher module courses to continue the learning into practice of ADR and enable us grow our institute by way of capacity and diversity.

 

c) ADR Course Trainings

The Education and Membership Subcommittee continues to provide support and guidance on education and ensure that the Branch administers all level Courses as expected by the London Headquarters.

Our Courses have attracted more interest from various professionals who are now enrolling for Entry Level Courses IN arbitration, mediation and adjudication.

The Branch facilitated a successful Arbitration workshop for the National Construction Industry in Malawi. With the Branch resources for training and capacity building in ADR, we intend to reach out to Institutions beyond the borders to build capacity and certification in ADR and further facilitate setting up of Chapters.

 

d) Mentorship Programme

The Mentorship Programme is still undergoing streamlining process, to expose members to the process of arbitration before being appointed as arbitrators. It is expected that, the Mentors will provide a report to the Branch after the Programme is complete. The Young Members Group is also a platform meant to enhance the mentorship programme and engagement of members into the practice of ADR.

 

e) Dispute Resolution Services

In the year 2017, the Branch received 153 requests for appointment of ADR Practitioners compared to 97 requests received in the year 2016.

This being one of the core mandates of the Branch, we have continued to experience increasing interest from Institutions seeking appointment of arbitrators and list of ADR Professionals.

We are also in the process of building our records on the Dispute resolution services that are being offered at the Branch to inform of the growth progress on ADR based of the number of disputes received annually and highlights on the nature of the disputes as received at the Branch.

I wish to call on all members from the different professions to take keen interest and focus to increase the number of practicing arbitrators who will serve well in disputes of technical expertise. This will enrich the entire process of ADR and add value to the process of arbitration and quality of the award.

 

f) Collaborations and Partnerships

The year 2017 was a year that saw the Branch make great strides in promoting ADR in the Country and in the region despite the political climate that faced the country.

The Court Annexed Mediation is an example that proves ADR is here to stay. We as a Branch will continue to support the accreditation of mediators to be available to serve in the Courts.

The Nairobi Centre for International Arbitration as a state corporation formed to oversee disputes is a demonstration of the actualization of the Arbitration Act being considered and given the recognition that has a fully established Corporation. Our Branch has a larger representation and appointments as well have seen some of our members appointed to serve as dispute resolvers.

The journey to realize the regulation of ADR practitioners culminated to the launch graced by our Guest, Honorable Attorney General, Prof. Githu Muigai. This is the milestone in proposing a multisectoral policy and law on matters relating to ADR Practice, ethical standards for practitioners, training and practice, accreditation of discipline of ADR practitioners, formulate a programme for public awareness, recommend programmes to promote ADR and make recommendation on the fees and remuneration of ADR practice. The event also recommended two taskforces to consider a review and recommendation to the Arbitration Act 1995 and develop an Adjudication Bill. We look forward to fruitful discussions and outcomes of the Taskforces.

We have engaged in enhancing partnership to provide visibility of the Branch and promote ADR. Early in the year the Branch represented by the Chairman and Mr. Paul Ngotho attended a consultative workshop organized with the view of the review of the Joint and Building Standard Form of Contract. The Branch will be represented to ensure the dispute clause is representative and serve to facilitate dispute resolution in the Building Industry.

 

g) Stakeholder Engagement

The Branch participated at the Legal awareness week organized by the Law Society of Kenya to sensitize the public on ADR in September 2017.

The Branch also launched the first Annual Lecture that set to highlight the State of Arbitration In Kenya. The event was a success and we hope that this year again she shall have another opportunity have the Lecture to continue the discussion on ADR.

In promoting membership participation, we shall continue to explore events, opportunities for members to gain knowledge and network with likeminded professional arbitrators.

On training we rolled out the seminar on Award Writing in December and early this year we organized a seminar on Costs and Interests. Both seminars were a success and the Branch will continue to identify areas and gaps in the understanding and practice of ADR and prepare seminars as appropriate for the members to consider and attend and enhance their skills.

The Branch considered sponsorship to the membership to various events, including CIArb Conference in South Africa, International Chamber of Commerce Conference in Lagos, The International Council for Commercial Arbitration, Abuja, CIArb Nigeria Conference, CIArb Conference in Paris and the East Africa Arbitration Conference. The Branch will continue to ensure that the Branch will be represented at key events and make the Branch presence and contributions felt in a bid to promote ADR in the region and larger Africa.

In ensuring the course of Arbitration is felt and recognized within various Institutions, the Branch made various appointments of membership to serve is different Boards. Notably was the appointment of the Current Branch Vice Chairman to the Board of International Chamber of Commerce Kenya Chapter, the recommendation of members to the Board of Nairobi Centre for International Arbitration, the Intergovernmental Relations Technical Committee (IGRTC), 15 members appointed to serve in various KEPSA Sector Boards. This will ensure that CIarb is recognized as premier Institute in matters ADR and be considered in matters of decision making that would in turn affect the implementation of ADR.

Finally, the Branch held the conference on Women in Arbitration under the Theme, ‘Promoting Diversity in Arbitration in Africa’ an event graced by the Chair of the Nigerian CIArb Branch, Mrs. Adedoyin Rhodes Vivour, C.Arb. I commend the Marketing Subcommittee for such excellent work at putting up such amazing and informative conference that brought together participants from different countries.

In line with the same Agenda, the Branch will hold its International Conference from 7-9th November in Mombasa. I invite members present to consider this invite and plan to attend.

 

h) Mobilization of Resources and Investment

The Branch continued to mobilize resources towards the realization of the purchase of Office Premises and develop the Kasanga Mulwa property.

I urge members to continue to contribute towards the Roll of Honour Board to realize the above-mentioned initiatives.

 

TARGETS FOR THE YEAR 2017

The Branch targets a continued growth, in membership, visibility to the public and stakeholder engagement to promote ADR.

 

THE STRATEGIC PLAN 2017 – 2021

Finally, the year 2017 marked the end of the Strategic Plan 2012- 2017. To ensure that the Branch will continue on its growth path. The Branch objectives for the plan period 2017-2021 are listed as follows:

 

  1. To grow the business volume of the Institute.
  2. To have institutional systems that support consistent, effective and accountable operations.
  3. To put in place good governance and good talent management systems.
  4. To enhance PR, marketing and business development as well as build capacity of the institute.
  5. To offer excellent services to our customers.
  6. To focus and strengthen research and develop programs that support creation and sharing of knowledge.

 

In conclusion, I want to thank the entire membership of the Branch, the Branch Committee and the Secretariat for their support and facilitating my role as Chairman of the Branch. I urge all of you to continue to support the Branch and endeavor to grow in ADR.

 

At CIArb, team effort that has paid off greatly to see that the Branch continues to grow and make the impact it needs in Legislation and provision of ADR Services.

 

CALVIN NYACHOTI