Constitutional supremacy over arbitration in Kenya
Abstract
The Constitution of Kenya, 2010
is the Supreme law of the land,
a principle entrenched under Article 2
thereof. Kenya has in place an Arbitration Act to define t
he scope, responsibilities and limitations of
arbitral tribunals so as to allow parties determine disputes in a manner consistent with law.
Arbitration
in Kenya must be carried out in a manner consistent with constitutional principles and values and any
de
viation from such manner would be seen as unconstitutional and thus invalid. This paper examines
constitutional supremacy in Kenya in relation to
its implication on
arbitration law and practice
through scrutinizing the
existing
relationship between the Con
stitutional Bill of Rights and the rules of
Arbitration practice. The paper also identifies possible conflict areas
existing
between
the concept of
constitutional supremacy and arbitration law and practice as carried out in Kenya. Also examined by
this paper is the interpretation of the concept of constitutional supremacy by Kenyan courts. In this
regard, case law has been utilized.
The paper argues t
hat
there
is a growing need to revisit the essentials
of the law and practice of arbitration in Kenya so as to enhance conformity with the concept of
constitutional supremacy ultimately safeguarding the interests and rights of those who prefer arbitration
to
settle
their arising disputes
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
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