Mediation and the resolution of private misdemeanors in Kenya
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Date
Authors
Korir, Cynthia Chepkurui
Journal Title
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Volume Title
Publisher
Strathmore University
Abstract
The purpose of this study is to assess whether mediation can be applied in the resolution of misdemeanors in Kenya. The misdemeanors discussed in this study, are specifically in relation to that of a private nature, that is, disputes involving one individual to another, as opposed to those that are more in the public realm. Examples of such misdemeanors are forcible entry, reckless and negligent acts, assault, handling stolen goods and damage to property
Description
The term alternative dispute resolution, (hereafter referred to as ADR), can be described to mean decision-making processes besides litigation which include negotiation, mediation, enquiry, arbitration, conciliation, expert arbitration and others. 1 ADR is a
process that allows for an alternative of seeking recourse to law courts in resolving disputes. 2 These processes are now legally anchored in the Constitution of Kenya (2010) and various other statutes. 3 Article 159(2)(c) of the Constitution of Kenya prompts courts and tribunals, in exercising judicial authority, to promote alternative methods of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms. 4