Issue No. 83 | Dec 2022, Mediation
December 30, 2022
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A caviling dissection of challenges facing court-annexed mediation in Kenya

Interaction among humans is inevitable1 and no man can ever survive without relating with fellow men. Thus, sentiment such as ‘no man is an island.’ In South Africa, Ubuntu Philosophy has it that ‘I am because we are.’With interaction among different persons from different social, economic and political background it is beyond peradventure that there […]

Alternative Dispute Resolution, Issue No. 83 | Dec 2022
December 30, 2022
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The place of alternative dispute resolution mechanisms on felony matters

The debate intensely sparked in the country in 2013 when the court, in Republic v Mohamed Abdow Mohamed [2013] eKLR, acquitted the accused, who was charged with murder. In that case, the prosecution counsel orally applied to court for acquittal of the accused based on the fact that the complainant’s family had accepted compensation from […]

The fallacy of ‘toothlessness’ at the Sports Disputes Tribunal: a comprehensive analysis of the tribunal’s far-reaching jurisdiction

Preliminarily, it is important that Kenyan legal scholars note that the Sports Disputes Tribunal has powers to determine questions of its own jurisdiction, a mandate akin to the principle of kompetenz-kompentenz in arbitration. This power is granted in Part VII of the Sports Act, 2013, as well as the Sports Disputes Tribunal Rules 2022, (Legal […]