Can I pursue mediation for a tenancy dispute in Kenya if the contract says arbitration only?

Question

My lease contract in Kenya says any dispute must go to arbitration. I want to try mediation first to save time and money; is that possible under Kenyan ADR law? If mediation fails, what rights do I have to go to court, and who bears the costs?

Bond Advocates LLP · Accepted Answer

Hello, if your agreement specifies arbitration you must attempt arbitration unless the other side agrees to mediation.

Wahito Musonge and Company Advocates · Answer

The other party must first agree to pursuing mediation. For us to know your rights, we will have to have a clear background of your contractual engagement, and the winning party is normally awarded cost, but this wholly depends on the court's discretion. It can direct that the parties involved pay their costs.

Can I pursue mediation for a tenancy dispute in Kenya if the contract says arbitration only?

Risposte degli avvocati

Bond Advocates LLP

Wahito Musonge and Company Advocates

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