KENYAN COURTS AND CASE BACKLOG: A CASE FOR ARBITRATION

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ABSTRACT
Arbitration has been practiced globally for very many years. In Kenya it has been practiced even before colonialism even though not in the conventional sense. This study has focused on arbitration in Kenya and how it is practiced. The benefits of using arbitration as well as the shortcomings have also been discussed in depth in this research paper.
The purpose of the study was to establish arbitration as a worthy alternative to court litigation and how it can be used to help reduce the huge backlog of cases affecting the courts.
The history of the legal framework governing arbitration will be analyzed in this paper with the view of establishing what has hindered the development of the arbitration process in Kenya. The results from the analyzed data will be inclined to yield proposals for reform on how matters of arbitration can be better handled thus helping in reducing the case backlog in courts.
The interrelationship between the courts and the arbitral process are also discussed. This is done in order to give an insight as to whether the court is supposed to intervene in matters of arbitration and also to establish the limits of the courts intervention.

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