Tuesday, July 6, 2021

Victor Kihika Kimani, Philomena Mbaye and Bruce Julius Ochieng’ and their coach Daniel Mutunga were first runners-up winners at the Nairobi Centre for International Arbitration (NCIA) annual moot competition held at the Kenya School of Law on the 29th and the 30th of June, 2021.

 The University of Nairobi  School of Law  Young Arbiters Society was represented by three third year students keen on furthering their understanding of complex international commercial disputes while expanding their world view and refining their research, writing and oral advocacy skills.  One of the student’s Kihika Victor Kimani noted that his teammates and he were eager to compete because they had a passion for Alternative Dispute Resolution (ADR).

 “My teammates and I were inspired by our passion for ADR. We are taking courses in Mediation and Arbitration and we are seeking to gain more insight.”

Young Arbiters Society (YAS) was also represented by Mbaye Philomena Achieng’, Ochieng’ Bruce Julius and Mr. Daniel Mutunga whose coaching proved invaluable to the team’s success.

The three YAS teammates used their dispute resolution skills using mechanisms such as Negotiation, Mediation and Arbitration to solve a fictitious construction dispute between a main contractor and the ministry of Infrastructure over the interpretation of contractual clauses and payment of a contractor in foreign and local currency.

Seven teams representing various Kenyan universities participated alongside the University of Nairobi team. The students drafted memorials and presented oral arguments as though they were at an Arbitral Tribunal.

The two day event started with preliminary rounds which were held on the first day, and the semifinals and finals held on the last day. The students also had the opportunity to meet, interact and network with ADR practitioners distinguished in the field.

 One of these practitioners was Hon. Justice Fred Ochieng’ the CEO for the Kenya School of Law and Nairobi Centre for International Arbitration. Justice Ochieng’ was the chief guest at the NCIA event.

All in all the Moot Competition was an exceptionally rewarding experience for the participating students. The students were able to think critically when it came to important issues and they were able to exercise confidence in front of a panel of Arbitrators.

The YAS team says that they learnt a lot concerning ADR, Mediation in particular, most importantly the immense benefits of mediation which include that it is fast, cost effective, flexible, client friendly, less technical and is reported to offer very good client satisfaction. In addition, they got insights on how to join ADR practice and balance it with general litigation.