An Evaluation Of The Need For Regulation Of Online Dispute Resolution (ODR) In Kenya
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Date
2016-11Author
Gachie, Alvin J
Type
ThesisLanguage
enMetadata
Show full item recordAbstract
This study evaluates the need for a legal framework for Online Dispute Resolution in Kenya.
Online Dispute Resolution is the meeting point of dispute resolution and technology. While on
one end it is argued that a favourable legal system on Online Dispute Resolution may boost the
sector as is seen in the United Kingdom experience, on the other extreme there are calls for
non-interference by the state in a market-driven approach such as in the United States of
America where a deregulated Online Dispute Resolution system is preferred. This study
presents the dispute resolution scenario in Kenya, drawing parallels from the United Kingdom
and United States of America experiences. The thesis explores the question whether Kenya
should prioritise development of legal standards for Online Dispute Resolution drawing from
the United Kingdom experience, or whether Online Dispute Resolution should develop
independent of the law drawing from the United States of America experience. The problem
addressed is that the lack of a legal framework for Online Dispute Resolution in Kenya has the
potential to stifle development of the area. The null hypothesis is that there is no need for a
legal framework for Online Dispute Resolution in Kenya. The study finds that Kenya should
consider adopting legal standards for Online Dispute Resolution, especially for consumer
protection concerns.
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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