Alternative Dispute Resolution, access to justice and development in Kenya
Date
2015-06
Authors
Kariuki, Francis
Kariuki, Muigua
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
The Constitution of Kenya, 2010, envisions a prominent role for alternative dispute resolution, including traditional dispute resolution mechanisms. This is in addition to other legislative frameworks which provide for non-formal methods of dispute resolution. A thesis is made that formal forums such as litigation through courts of law have various disadvantages including complexity, high costs, and technical procedures, delays, amongst others, which make a strong case for the usually convenient and available ADR mechanisms. Put to good use, these mechanisms have potential to spur economic development through enhanced access to justice and the rule of law. The authors, indeed, argue that there is a golden thread that weaves across the themes of rule of law, human rights and access to justice and development.
Description
A journal article by Kariuki Muigui and Kariuki Francis, published in Strathmore Law Journal, SLJ - Volume 1, Number 1, June 2015.
Keywords
Justice and development, Constitution of Kenya, Alternative Dispute Resolution (ADR), Rule of law, Human rights