The core mandate of the Centre as outlined under section 5 of the NCIA Act 2013 is to promote the use of alternative forms of dispute resolution. The NCIA Moot Competition Program as an extracurricular activity allows students to take part in simulated arbitral proceedings and Mediation meetings.
Students participating in the NCIA Moot Competition are expected to draft memorials and participate in oral arguments, as if they were before an Arbitral Tribunal. The topics debated at our Moot competitions are current and broad ranging.
Participation in the Centre’s Moot Competition has proven to be an exceptionally rewarding educational experience, which provides students with the opportunity to think critically about important issues and speak confidently in front of a panel of Arbitrators (judges).
The Moot Competition provides an opportunity for both students and their respective coaches to understand complex international commercial disputes and expand their personal worldview, at the same time refining their research, writing, and oral advocacy skills.
1st NCIA Mediation Moot Competition, 2021
The NCIA Mediation Moot Competition will introduce participants to lawyering skills in Mediation. The judging criteria will reward those participants who use an effective combination of advocacy and problem-solving in mediation. Advocacy being the art of representing client interests while problem-solving being the ability to learn about each other’s client interests, determining the BATNA (Best Alternative To A Negotiated Agreement), use of objective standards, brainstorming options, and creativity in fashioning solutions that meet those interests. Participants will be expected to balance their clients’ interests with the goal of achieving an effective settlement.
The Moot Problem was based on a Request for Mediation arising out of a Building Construction Contract in relation to a payment dispute between "Scott Construction Group" & the "Republic of EuroAsia". The Request for Mediation is in the style and format as prescribed by the NCIA Mediation Rule, 2015. The judging criteria rewarded those participants who used an effective combination of advocacy and problem-solving in mediation such as;
- Ability to learn about each other’s client interests,
- Determining the BATNA
- Use of objective standards, brainstorming options,
- Creativity in fashioning solutions that meet those interests, and
- Balancing clients’ interests with the goal of achieving an effective settlement.
The following Law Schools participated in the Competition.
- University of Nairobi (UON)
- Kenyatta University (KU)
- Catholic University of Eastern Africa (CUEA)
- Africa Nazarene University (ANU)
- Moi University (MU)
- Mt. Kenya University (MKU)
- Egerton University (EU)
- Jomo Kenyatta University of Agriculture & Technology (JKUAT)
The Centre appreciates the following Mediators and judges in the order of the Panels that they sat in for their time and efforts in making the Competition a success;
Preliminaries: 29th June 2020
- Dorcus Endoo – (Mediator)
- Victoria Kigen - Judge
- Noreen Kidunduhu - Judge
- Kananu Mutea – (Mediator)
- Gichanga Ndirangu - Judge
- Kivindyo Munyao - Judge
- Andrew Waruhiu - (Mediator)
- Frankline Cheluget - Judge
- Bonventure Otieno - Judge
- Brian Mylo - (Mediator)
- Mercy Okiro - Judge
- Oscar Gathura – Judge
- Dr. Wilfred Mutubwa – (Mediator)
- Florence Oduk - Judge
- Kihara Muruthi - Judge
- Samuel Nderitu – (Mediator)
- Lawrence Muiruri - Judge
- Thomas Narciso Daniels - Judge
- Jacqueline Oyuyo Githinji -(Mediator)
- Gladys Wamaitha - Judge
- Rtd. Justice Muga Apondi - Judge
The Moot Competition was held at the Kenya School of Law, the Chief Guest for the opening Ceremony was Hon. Mr. Justice Fred Ochieng’ and the Closing Ceremony had Mr. John Ohaga, SC as the Chief Guest. The finalists were University of Nairobi and the overall winner was Kenyatta University. The three students from Kenyatta University will be given 3 Months Internship Positions at the at the Case Management Department as stipulated under Rule 21 of the Moot Competition’s Rules.
1st NCIA Regional Investment Arbitration Moot Competition, 2019
Following the success of the Centre’s inaugural national moot competition in June 2018, the Centre organized a regional moot competition dubbed “The 1st NCIA Regional Investment Arbitration Moot Competition” which brought together law faculties in Universities in the East African Region. The finals of the Competition were held on 31st May 2019 at the Kenya School of Law in Nairobi Kenya.
The Moot Competition was aimed at the overall development of law students across the East Africa Region as good and proficient ADR practitioners and familiarized the students with the proceedings that take place generally in Arbitral Tribunals. The rationale for the Moot Competition was to promote Arbitration as a preferred dispute resolution process of choice as well as to build capacity for the upcoming ADR practitioners in the Region.
A total of 23 Universities across the East Africa Region confirmed participation in the Competition. The Universities were;
- Kenyatta University
- Catholic University of Eastern Africa
- Riara University
- Africa Nazerene University
- Moi University
- Nairobi University
- Kabarak University
- Egerton University
- Jomo Kenyatta University of Agriculture & Technology
- Makerere University
- Uganda Christian University
- Islamic University in Uganda
- Kampala International University
- Cavendish University
- University of Dar es Salaam
- Mzumbe University
- Open University of Tanzania
- St. Augustine University of Tanzania
- University of Rwanda
- Kigali Independent University
- University of Law Adventists of Kigali (UNILAK)
- INES-Ruhengeri Institute of Applied Sciences – Ruhengeri (Musanza Law School)
- University of Kigali
The Regional Preliminaries were held across East Africa and took place as follows;
- Rwanda Preliminary -13th May 2019 held at the Kigali International Arbitration Centre (KIAC);
- Tanzania Preliminary -17th May 2019 held at the University of Dar es Salaam;
- Kenya Preliminary - 21st May 2019 held at the Kenyatta University, School of Law and:
- Uganda Preliminary -25th May 2019 held at Cavendish University.
The winning teams from each Regional round progressed to the Semifinals and subsequently the Finals which were held in Nairobi, on 30th -31st May 2019 respectively.
The finalists were Uganda Christian University, and the overall winner was Moi University. The following distinguished panel of Arbitrators judged the Finals of the Moot Competition;
- Mr. John Ohaga (NCIA Director)
- Mr. Jimmy Muyanja (NCIA Director from Uganda)
- Mr. Rutabingwa Athanase (Arbitrator from Rwanda)
- Mr. Geoffrey Imende (Mohammed Muigai & Company Advocates)
The Moot competition was sponsored by IKM Advocates, Tripleoklaw Advocates and Bowmans.
1st NCIA National Investor-State Arbitration Moot Competition, 2018
The Centre held a successful Moot competition in 2018. The preliminaries of the Moot were held on 30th May, 2018 at Kenyatta University School of Law, Parklands Campus.
The competition brought together nine universities namely; Moi University, Kenyatta University, Kabarak University, Egerton University, University of Nairobi, Catholic University of Eastern Africa, Jomo Kenyatta University of Agriculture and Technology, African Nazerene University and Riara University.
The finalists were Kabarak University, and the overall winner was Kenyatta University. The Arbitral Tribunal for the finals comprised of Lady Justice Joyce Aluoch as the Chairperson, Dr. Eve Sinare and Mr. John Ohaga as members. The Moot competition was sponsored by the International Development Law Organization (IDLO).