Legal Business

Sponsored briefing: Court intervention with respect to arbitral awards in Kenya

Sponsored briefing: Court intervention with respect to arbitral awards in Kenya

Oraro’s Chacha Odera, Eva Mukami and Radhika Arora look at the use of arbitration as a form of dispute resolution within Kenya.

Introduction

The use of arbitration as a form of dispute resolution within the Kenyan jurisdiction has been on an upward trajectory for a long time, more so with the promulgation of the Constitution of Kenya 2010 (the 2010 Constitution). Article 159 of the said Constitution recognises the need for courts and tribunals to promote alternative forms of dispute resolution which includes arbitration, mediation, reconciliation and traditional dispute resolution mechanisms.