Utatuzi Center Virtual ADR Week

Jasper Lubeto is an Advocate practicing in Kenya. In addition to teaching at Strathmore Law School, I currently serve as the Faculty Director of the Strathmore Law Clinic. At the Strathmore Law Clinic, we aim to promote access to justice by extending legal aid and support services to various qualifying sections of the society including the disadvantaged & marginalized persons, and upcoming entrepreneurs. We also carry out research aimed at curating legal knowledge and information for easy consumption by members of the public.

I am a holder of LL.M, LL.B, CS(K) and CPA (Finalist) qualifications. I teach commercial and conveyancing law units. I have also written on Agricultural Land Investments Contracts in sub-Saharan Africa (2018), among other papers. I have also legally advised on numerous contentious and non-contentious transactions. I have an interest in disputes resolution, corporate/commercial transactions, real estate and conveyancing practice, and legal aid and support provision.

When I am not reading current legal and political literature; then I am probably having a chat with entrepreneurs as I seek to understand their business ventures. I then suggest possible legally oriented solutions to their attendant business challenges. Otherwise, I would be spending time with Chinua Lubeto.

Dr. Francis Kariuki holds a Bachelor of Laws (LL. B) and a Master of Laws degree (LL.M) from the University of Nairobi, and a Doctor of Philosophy in law (PhD) degree from the University of the Witwatersrand in South Africa. He is a lecturer at Strathmore University Law School and director of the Strathmore Dispute Resolution Centre (SDRC).

Francis is an Advocate of the High Court of Kenya, and a Fellow of the Chartered Institute of Arbitrators (CIArb) London and Kenya. He is also a listed arbitrator and mediator with the Nairobi Centre for International Arbitration (NCIA) in Kenya, and a member of the Strathmore Dispute Resolution Centre (SDRC). He is also accredited as a mediator by the Mediation Accreditation Committee (MAC) under the Kenyan Judiciary.

His research interests are in alternative dispute resolution (ADR), traditional justice systems, property law and natural resources governance.

Nkarichia earned a Bachelor of Laws degree from University of Nairobi in 2017, with a First Class Honors, and has a Post-Graduate Diploma from the Kenya School of Law, 2019. Nkarichia was called to the Bar in the year 2020. He also holds a Master of Laws in Public Finance and Financial Services Law from the University of Nairobi, 2018 and is an Associate of the Chartered Institute of Arbitrators, London.

https://mohammedmuigai.com/team/dennis-nkarichia/

“The onset of the Covid 19 pandemic revolutionized technology on the African soil as various fields were forced to embrace technological set ups. The ADR field has coped well with this modern evolution. There has been a rise of Online Dispute Resolution taking the place of the traditional physical ADR systems. Undeniably, the impact of this technological- powered ADR has scaled up e-commerce, trade and justice systems. In spite of all the positives, we cannot turn a blind eye on the challenges that need to be vanquished.”

“Access to justice means that people whose rights and freedoms have been violated can find redress from the justice systems in place. Informal dispute resolution mechanisms can also be used by people to get remedies. Using courts as the only forum hinders access to justice due to case backlogs and insistence on rules. It has been argued that access to justice promotes development by giving people more assurance that their rights will be protected. As a result, they use their capabilities and skills to exploit opportunities thus increasing output and improving standards. From the appreciation of development as a process of expanding freedoms, access to justice empowers people to protect other rights. It is upon this backdrop that ADR mechanisms including ODR are important for development.”

“The legal sector is traditionally very conservative and resistant to change and innovation. The use of technology in the Alternative Dispute Resolution arena is no longer an option, but a necessity. Technology will continue to play a significant role in facilitating and expediting ADR proceedings. Despite the challenges likely to be experienced, the advantages of online ADR remain outstanding. Without a doubt, online ADR is going to advance justice. It’s a win-win situation for all.”

Advocate of the High Court

Programme Support Officer - Programme for Legal Empowerment & Aid Delivery (PLEAD) funded by The European Union.