The Promotion of Alternative Dispute Resolution Mechanisms by the Judiciary in Kenya and its Impact on Party Autonomy

Abstract

One of the principles guiding the exercise of judicial authority according to Article 159 of the Constitution of Kenya is the promotion of alternative dispute resolution (ADR) processes. Since the Judiciary is a key player in the formal justice system (litigation), vesting it with the responsibility of promoting and administering ADR, spells dire consequences for ADR mechanisms in Kenya. The paper queries the effect of linking up ADR processes with the formal justice system in Kenya especially with regard to the principle of party autonomy.

Keywords: Alternative dispute resolution, judiciary, party autonomy