Effectiveness of Alternative Dispute Resolution Mechanism (Adr) in Case Backlog Management in Kenyan Judicial System: Focus on Milimani High Court Commercial Division.

Abstract

Kenyan Judiciary continues to register high number of cases. This has resulted in huge backlog, which has overstretched existing human resource and physical facilities. Despite introduction of ADR mechanisms as measure to reduce case backlog, the effects of the ADR is yet to be realized. This study has an objective of finding reason for continued rise in cases being filed in Court despite the fact that there exists ADR mechanisms anchored in the Kenyan Constitution of 2010. This study also considered theories on managing case backlog, reliability of ADR and reliability of litigation to underpin effectiveness of ADR in this study. The study collected data through desk research, interview and records from the Deputy Registrar commercial division and performance management and Measurement directorate. Among the selected respondents to interview questions were the Deputy registrar of Milimani High court of commercial Division, a member of the Chartered Institute of Arbitrators, lawyers, and a senior officer Kenya Revenue Authority. All the institutions and persons targeted for the interview had crucial and reliable information that builds on testing the hypotheses of the study. The perceptions of the selected audiences were also critical in understanding credibility of the current ADR system.