ADR: the road to justice in Kenya

Abstract

This paper critically examines how the right of access to justice, a constitutionally guaranteed right, can be actualized through Alternative Dispute Resolution (ADR) mechanisms. The author argues that although the right of access to justice is internationally and nationally recognized, the existing legal and institutional framework is not efficient in facilitating the realization of this right by all persons. The author looks at the philosop hical underpinnings of justice and a conceptualization of justice, identifying various ingredients of justice that must be realized. The author evaluates litigation as well as ADR mechanisms and their effectiveness in actualizing the enjoyment of these asp ects of justice, as conceived in this discourse. The discourse makes a case for ADR mechanisms as a viable option that can be explored as a complementary to litigation to facilitate full enjoyment of all the aspects of justice; Justice must demonstrate fai rness, affordability and flexibility. ADR can provide the road to true justice in Kenya.