The Role of Kenyan Courts in Arbitration, Enabling or Constraining?
Abstract
Even as arbitration becomes popular, it is imperative to have the same examined with a view to
identifying and addressing concerns that would otherwise impede its growth. That way, access to
justice that is expeditious is achieved, which in turn leads to growth of the Kenyan justice system.
This paper raises significant questions as to the place of courts in arbitration in Kenya, highlighting
some of the strengths and weaknesses that can be seen in our jurisprudence. The main aim of this
research is to develop a clear cut dividing line as to the relationship between courts and arbitral
tribunals. This study seeks to establish that any challenges highlighted in the arbitral-judiciary
process that would strain this relationship are, to a great extent surmountable and ought to be
embraced by all concerned.
Arbitration in Kenya has tremendously grown, and this can be attributed to the fact that there has
been more awareness by parties entering into it, and professionals who have been trained to become
competent arbitrators. This study seeks to critically analyze the role that the advocates, the
arbitrators and courts play in the arbitral process. The paper will study in great detail, the procedure
from the commencement of arbitration, to the delivery of the award, the consequences thereof and
the enforcement that usually follows where there is a recalcitrant party. This study will then make a
comparative analysis with the arbitration procedure in England. With this comparison, this paper
will seek to fill the gaps that exist in the arbitral process in Kenya, and thereafter give a host of key
findings and recommendations.
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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