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