LLB Research Projects (2018)
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Browsing LLB Research Projects (2018) by Subject "Arbitration"
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- ItemThe Lack of autonomy and independence of the sports tribunal in Kenya in comparison to the Courts Arbitration for Sports (CAS)(Strathmore University, 2018) Martin, Richard OdongoThe problem that arises from the fact that the current position of the SDT in Kenya is a paradox. In forming the SDT as a mandate of the Judiciary Service Commission, it made the Disputes Tribunal part of the Judiciary. This then implies that it is not an independent tribunal. It is subject to the whims of the Chief Justice in terms of appeals to decisions, and even costs. This is not the custom when it comes to international sports disputes in that they are meant to be specialized autonomous bodies. The Judiciary, and other judicial bodies have to be independent of other bodies and functions of government in order to dispense justice in an expedient manner. Though linked to the Executive through a system of checks and balances, fundamentally, the Judiciary and other quasi-judicial bodies like the SDT have to be free from influence by other arms of governance. The main problem with SDT is lack of clear regulation on appeal from national federations and appeals to CAS. Hopefully, it will be addressed in the future SDT procedural rules as it is not addressed in the Sports Act
- ItemThe Right to a fair trial in sports arbitration(Strathmore University, 2018) Nzyuko, NeneThe research centers on the alternate dispute resolution method of sports arbitration and specifically, the right to a fair trial within this dispensation. Being as the topic a right to a fair trial is a broad one, emphasis shall be placed on two elements, that of the right to be presumed innocent before being found guilty and the right to access to justice. The main method of research used was that of looking into various forms of literature, statute, reports and various cases that touch on the subject. The major findings from the research showed that, in respect to the Court of Arbitration for Sport (CAS), they have measures in place that safeguard an athlete's right to a fair trial, however when it comes to doping allegations, stricter measures are put into place to curb the crime which has led to speculation as to whether the process of adjudicating doping offences respects one's right to be presumed innocent before being proved guilty. As regards access to justice, CAS has its main institute based in Lausanne, Switzerland, but they also have various offices spread out across the globe. The only issue that arises is that one is bound to pay a registration fee when •filing a case with CAS which amounts to over 100,000 Ksh. And whether this fee could be waived.