NCAJ Launches Business Court Users Committee

The National Council on Administration of Justice (NCAJ) yesterday November 11, 2015 launched the Business Court Users Committee at a function that was graced by Chief Justice, Hon. Dr. Willy Mutunga accompanied by various Hon. Judges and Magistrates and notable representatives from Industry including Mr. Polycarp Igathe KAM Board Director and Ms. Phyllis Wakiaga Kenya Association of Manufacturers (KAM), Chief Executive.

The Business Court Users Committee is designed as a forum where members of the business community will exercise their right of Public Participation as provided for by article 10 of the Constitution of Kenya. This will also contribute towards achieving the objectives under which the commercial and admiralty division are set up.

Speaking during the launch, Hon. Dr. Willy Mutunga stated that, “I would like to express my sincere gratitude to the National Council of Administration of Justice (NCAJ), the Commercial & Admiralty Division led by Justice Fred Ochieng, the Kenya Association of Manufacturers (KAM), and the team working alongside them, for conceiving the idea, that there is need to have a Court Users Committee involving stakeholders in the Business Community. CuCs are part of the Judiciary transformation program and they are designed as an accountability forum for better service delivery. I urge all private sector organizations throughout the country to join CuCs within their areas of operations and help hold all actors in the justice chain accountable for their activities.”

Ms. Wakiaga lauded this inter-agency collaboration saying it is a historic milestone in Kenya’s Judicial System. “Efficient commercial dispute resolution has many benefits and courts are essential for business because they interpret the rules of the market and protect economic rights. The BCUC that we are launching shall bring together the main actors in the Justice System and provide for better administration of commercial matters in a manner that boosts the country’s economic Development.”

The Business Community Court Users Committee will work under the umbrella of the National Council on the Administration of Justice (NCAJ) to ensure an accountable, co-ordinated, efficient, effective and consultative approach in the Administration of Justice, and improve access to justice and the quality of service delivery by all actors in the justice system among other functions.

KAM Board Director, Mr. Polycarp Igathe underscored the value of this committee by saying, “I am convinced that this platform shall improve the administration of justice on commercial issues in Kenya. A majority of us have blamed the judiciary due to a multitude of issues; either due to delayed justice, lost commercial opportunities just to mention but a few. We believe that going forward this shall be a thing of the past. The BCUC shall now be an eye opener for a majority of my counterparts in the private sector that it is possible to influence change in the judicial processes and in the administration of justice.”

KAM has partnered with the Judiciary since 2013, and along with other business member organizations, aimed to sensitize them on the economic impact of commercial disputes. Areas that have been prioritized since include, taxation, illicit trade and counterfeit, breach of intellectual property and customs valuation issues.

Based on this collaboration and relationship, KAM sponsored the 2014 Kenya Magistrates and Judges Association Annual General Conference out of which came the resolution that there should be a BCUC comprises of various heads of lead business associations in the Country.

Stakeholders who will form the Business CUC include all judges and magistrates in the Commercial & Admiralty Division of the High Court and Milimani Commercial Court, business sector associations, the Bar and other NCAJ agencies.