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

Alternative Dispute Resolution 6(2) 2018, 63 - 77

15 Pages Posted: 13 Jul 2020

See all articles by Francis Kariuki

Francis Kariuki

Strathmore University Law School

Raphael Ng'etich

UCD Sutherland School of Law

Date Written: June 6, 2018

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

Suggested Citation

Kariuki, Francis and Ng'etich, Raphael, The Promotion of Alternative Dispute Resolution Mechanisms by the Judiciary in Kenya and its Impact on Party Autonomy (June 6, 2018). Alternative Dispute Resolution 6(2) 2018, 63 - 77, Available at SSRN: https://ssrn.com/abstract=3644361

Francis Kariuki

Strathmore University Law School ( email )

P.O. Box 59857
P.O. Box 54668
Nairobi, Nairobi 00200
Kenya

Raphael Ng'etich (Contact Author)

UCD Sutherland School of Law ( email )

Belfield
Dublin 4
Ireland

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