KAM, KMJA Launch Commercial Law Guidebook

Guidebook Provides Simplified Understanding of the Judicial Process Governing Commercial Disputes in Kenya

Kenya Association of Manufacturers (KAM) in partnership with Kenya Magistrates and Judges Association (KMJA) today launched the Commercial Law Guidebook that provides a simplified understanding of the judicial process governing commercial disputes in Kenya.

Speaking during the launch, Chief Justice David Maraga stated that the Commercial Law Guidebook will go a long way in educating the general public on commercial court systems. “The booklet will serve as reference material for those dealing with commercial cases. It includes best practices in handling commercial disputes such illicit trade, customs, standards and intellectual properties,” added the Chief Justice.

Kenya’s development gains are hampered by backlog of cases and a host of business malpractices among them illicit trade, corruption, tax evasion, trading with substandard goods and infringement of intellectual properties. This Guidebook provides a platform where the needs of law practitioners, business community and the general public are addressed.

The Chief Justice reiterated that continued collaboration between the Judiciary and the Business Community is key in achieving economic growth in the country.

Speaking during the launch, KAM Chairlady, Ms. Flora Mutahi stated that the development of the Guidebook is a great milestone for the private sector and the general public. “We are hopeful that this publication will contribute to realization of well informed decisions, improved case flow management and increased speed at which cases are handled and resolved,” said Ms. Mutahi.

The President of the Kenya Magistrates and Judges Association, Lady Justice Hedwig Ong’udi stated that the Guidebook was developed to help resolve commercial disputes. “One of the major reasons why we are doing this is to deal with the monster called Backlog. This monster, which slows and even blocks the entire justice system in some cases, is almost entirely responsible for the negative vibe that we all get as the Judiciary,” Lady Justice Ong’udi added.

Ms. Mutahi further stated that timely resolution of disputes, predictability of the application of the law, uniformity in interpretation of the law, well-informed decisions, established court procedures and efficient case flow management are key factors in building confidence in the judicial system.

“We hope that the Judiciary will look out for the best and efficient reforms practices globally to increase the country’s competitiveness. The Judiciary should not shy away from overhauling the legal and institutional frameworks in the country in line with our Constitution. This is to ensure predictability and consistencies in our laws,” added Ms. Mutahi.