Status of Court Annexed Mediation in Kenya Every citizen has a right to access to justice under Kenyan Law, and the Judiciary is the primary custodian of ensuring access to justice is guaranteed. The Judiciary Transformation Framework (JTF) was created to further this mandate with justice as its central pillar. To increase access to justice,…
The Doctrine of Separability in International Commercial Arbitration Contracts including arbitration provisions are a phenomenon that is based on fundamental principles of law. The effective operation of the international commercial arbitration system as a whole is ensured by the application and development of these principles. Read more Introduction Contracts including arbitration provisions are a phenomenon…
Court Interference of arbitration in Kenya Arbitration is a means by which conflicting parties seek a settlement through a third person but without courts involvement. However, this is fiction as courts have interfered numerous times or due to the parties’ approach from the initial stages of the process. Read more Introduction Arbitration is a means…
Opinion of Changes in The Companies Act The new Act has drawn heavily from the UK Companies Act of 2006 and because of its extensive nature, has brought about monumental changes to company Law in Kenya. While new Act doesn’t in a whole new code of corporate governance and doing business in Kenya, that revolutionalises…
Impact of COVID-19 on Alternative Dispute Resolution Mechanisms It has not been business as usual in access to justice. The judiciary leveraged technology to conduct court sessions. With the suspension of court sessions, alternative dispute resolution (ADR) became the preferred route by most parties to settle disputes. Read more COVID-19 pandemic has impacted all the…
Arbitrability of Disputes in Kenya Arbitrability is the determination of disputes that can be solved through the arbitration process and those subject to the national courts. The Arbitration Act 1995 (amended in 2009) does not have a broad scope of arbitrability as with the case of the Kenya Constitution 2010. Read more Introduction Arbitrability is…
Arbitration of Employment Disputes Arbitration agreements in employment contracts have long been a matter of contention in Kenya and the other commonwealth states, with both sides advocating either their support or opposition. Read more Introduction Arbitration agreements in employment contracts have long been a matter of contention in Kenya and the other commonwealth states, with…
Arbitration of Intellectual Property Disputes Intellectual property rights, as a general rule, are territorial in scope. IP rights such as patents, copyright, trademarks and trade secrets are more important than ever. To protect IP rights or to enforce agreements licensing those rights, litigation has always been the preferred platform to seek such issues. Read more…
Challenges Facing the practice of Arbitration in Kenya A perfect society is not defined by lack of conflict but by the mechanisms of conflict resolution. Usually, what holds society together is the ability to amicably resolve disputes that makes coexisting with each other easy. Read more Introduction A perfect society is not defined by lack…
Competence-Competence The court-arbitration process can be divided into three stages. The first stage involves litigation. This is at the start of the dispute, and the question is whether the court should hear the dispute or the arbitral tribunal. Read more Introduction The court-arbitration process can be divided into three stages. The first stage involves litigation.…