The Role of Arbitration in Promoting Access to Justice in Nairobi County, Kenya

Abstract

The development of quick and inexpensive dispute resolution solutions should promote it globally. Instead of abandoning the citizen to despair in the pursuit of justice, legal institutions/facilitators should provide a supportive environment that enhances the delivery of justice in any venue. It would also be very great if society's citizens agreed to take responsibility for resolving their own disputes by creating a legislative framework that promotes arbitration. Outside of the established legal framework of the courts, arbitration dispenses justice. It deflects attention from regulations and legal complexities. Contrast this with the official court justice system, which is slow and tiresome for the general public and is replete with business and civil disputes between people of middle and low wealth. The benefits of arbitration are many and well documented. It is safe to claim that the entire world should be going towards arbitration as a way of dispute resolution, and this paper will make a good case for that. Arbitration can save the disputing parties a significant amount of money while also ensuring that they obtain access to justice quickly. The processes of resolving conflict in the county must be analyzed in light of this and the part Nairobi County plays in boosting the country's general economic health and economic simulation. This is due to the fact that disagreements hamper development, thus whatever system is in place must be capable of swiftly resolving them while maintaining existing ties. Arbitration accomplishes this.It is safe to claim that the entire world should be going towards arbitration as a way of dispute resolution, and this paper will make a good case for that. Arbitration can save the disputing parties a significant amount of money while also ensuring that they obtain access to justice quickly. The processes of resolving conflict in the county must be analyzed in light of this and the part Nairobi County plays in boosting the country's general economic health and economic simulation. This is due to the fact that disagreements hamper development, thus whatever system is in place must be capable of swiftly resolving them while maintaining existing ties. Arbitration accomplishes this. It is no secret that most parties in Nairobi County still choose to resolve their disputes in court, as shown by the ongoing backlog. So that methods outside of the courts might be used, it became vital to first comprehend why. Therefore, this will require identifying the issues that prevent society from using arbitration and the reasons why it is ineffective where it is already the dominant way of conflict resolution. Since courts have been the ones to bear the burden of the backlog of cases and are underfunded, which causes judges to become overworked, this paper also raises a significant topic on the role of courts in promoting the use of arbitration. In order to make their jobs easier and free them up to focus on more crucial matters, judges and magistrates must realize that they must be at the forefront of the drive for the use of arbitration. By examining the present legislative framework that controls arbitration and how various stakeholders might better play their roles in ensuring that arbitration is fully utilized, this paper will argue that arbitration plays a role in improving access to justice in Nairobi County. Additionally, it will make suggestions for how to make the problems highlighted better.