Alternative Dispute Resolution in Kenya

Abstract

Kenya is a strategic partner for Russia on the African continent; the trade turnover between the countries increases every year. Kenya has large mineral reserves, whose extraction is just beginning to be carried out. Many large Russian companies carry out economic cooperation with partners from Kenya, for example: Russian Railways (RZD), Kama automobile plant (KAMAZ), Aeroflot and others. The Kenyan government aimed to attract foreign investment, and special conditions were being created for that purpose, including in dispute resolution procedures. The most common are arbitration, mediation, mediation, but over the past ten years, new procedures have been widely introduced, for example: tax commissioner and judicial conciliation. As in many countries, trial has lost ground, because of the cost and complexity of the stages of the process. Therefore, new methods of dispute resolution are needed. The main task is reducing the cost, accelerating and preserving the relationship between the parties. The aim of the study is to explore alternative ways of resolving disputes in Kenya, taking into account the identification of the most effective methods in this area, as well as the introduction of new procedures in civil turnover, using the methods of civil law regulation, comparative law and historical law. Identified general trends the widespread introduction of alternative dispute resolution are based on following factors: an extension of the categories of disputes to summary proceedings, shortening and cheapening of the process, maintaining relationships, expanding the availability of procedural remedies. For more effective cooperation, it is necessary to study the experience of the two countries in the process of introducing alternative methods of dispute resolution.