Currently, a typical court case can take three (3) years or even more before it is concluded at a hefty cost to the litigants. In many instances, such cases could have been amicably resolved within a week through alternative dispute resolution mechanisms, such as mediation. This principle formed the basis of the Credit Information Sharing – Alternative Dispute Resolution (CIS-ADR) Centre. The ADR approach will provide a valuable option for both customers and financial institutions, creating a conducive environment for issues to be addressed while upholding the relationship between the parties. The ADR handbook has been drawn to introduce uniformity in CIS dispute resolution practices; ensuring that established market guidelines and provisions within the Customer Protection Act are adhered to. The ADR Processes established under this handbook will focus on
The Credit Reference Bureau Regulations, 2013 made pursuant to the Banking Act (Cap 488) and the Microfinance Act (No. 19 of 2006) regulates the CIS mechanism in the country. The Constitution of Kenya, 2010 gives formal recognition to ADR as a viable avenue for the enhancement of access to justice. Courts and other adjudicating authorities have been assigned the Constitutional duty to give each case a fair hearing within reasonable time, and to ensure that substantive justice always prevails over procedural justice. Accordingly, the Constitution enjoins Courts and other adjudicating authorities to promote and encourage reconciliation, mediation, arbitration and other forms of ADR in settlement of disputes. Regulation 28 grants customers the right to refer a dispute to an alternative dispute resolution mechanism where he feels that his dispute has not been resolved to his satisfaction.
Credit Reference Bureau Regulations, 2013
The CRB Regulations, 2013 provide timelines within which certain actions must be taken in addressing disputes arising from contents of customer credit reports. Section 28 requires Bureaus to provide customers with a summary of their rights, including the right to refer a dispute to an ADR mechanism.
Nature Of Disputes We Solve
Information that is: