| dc.contributor.author | Muigua, Kariuki | |
| dc.date.accessioned | 2015-01-28T13:40:19Z | |
| dc.date.available | 2015-01-28T13:40:19Z | |
| dc.date.issued | 2014 | |
| dc.identifier.citation | Paper Presented at the Chartered Institute Of Arbitrators - Kenya Branch, International Arbitration Conference Held on 7 th & 8 th August, 2014 at Sarova Whitesands Hotel, Mombasa, Kenya | en_US |
| dc.identifier.uri | http://hdl.handle.net/11295/80110 | |
| dc.description.abstract | This paper critically examines how the right of access to justice, a constitutionally guaranteed right, can
be actualized through Alternative Dispute Resolution (ADR) mechanisms. The author
argues
that although
the right of access to justice is internationally and nationally recognized, the existing legal and institutional
framework is not efficient in facilitating the realization of this right by all persons. The author looks at the
philosop
hical underpinnings of justice and a conceptualization of justice, identifying various ingredients of
justice that must be realized. The author evaluates litigation as well as ADR mechanisms and their
effectiveness in actualizing the enjoyment of these asp
ects of justice, as conceived in this discourse. The
discourse makes a case for ADR mechanisms as a viable option that can be explored as a complementary to
litigation to facilitate full enjoyment of all the aspects of justice;
Justice must demonstrate fai
rness,
affordability and flexibility.
ADR can provide the road to true justice in Kenya. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | University of Nairobi | en_US |
| dc.title | ADR: the road to justice in Kenya | en_US |
| dc.type | Presentation | en_US |
| dc.type.material | en_US | en_US |
