An Evaluation Of The Need For Regulation Of Online Dispute Resolution (ODR) In Kenya

Abstract

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.