Placing Kenya on the global platform: an evaluation of the legal framework on arbitration and ADR
Abstract
T
his paper examines the efficacy of the arbitral law and ADR of Kenya. It postulates that while various
reasons may be advanced to justify the poor utilization of the arbitral and A
DR processes, the fact that from
its inception in 1914, the legal framework disregarded local dispute resolution mechanisms is discernible as
the main exposition. Second, domestication of international conventions has not engendered arbitration since
it wa
s adopted without the necessary policy framework, modifications or adaptation of the law to local
circumstances. The Arbitration Act 1968 illuminates this postulation succinctly. The existing legal framework
is oblivious to ADR mechanisms, is replete with
omissions and encapsulates no decipherable policy. In a
nutshell, the legal regime can neither enhance nor endear arbitration or ADR. There is a compelling case for
comprehensive reforms and revision of the Arbitration Act, 199
5.
URI
http://www.ijhssnet.com/journals/Vol._1_No._6;_June_2011/25.pdfhttp://hdl.handle.net/11295/81991
Citation
Gaker, Jacob K(2011). Placing Kenya on the global platform: an evaluation of the legal framework on arbitration and ADR. International journal of humanities and social science, 1(6); pp. 219-241Publisher
University of Nairobi