ADR mechanisms in Africa trace back to the very origin of mankind. Today, the spectrum of dispute resolution mechanisms in Africa is shaped by multiple legal orders, which include: (a) informal community-based justice systems; (b) traditional dispute resolution mechanisms; (c) commercial arbitration and ADR (either backed by statute or founded on contractual relations); and (d) […]
The establishment and regulation of the various institutions of society depend upon frameworks of rules to which they owe their existence and from which they draw their power and legitimacy. These rules are promulgated and enforced in accordance with a defined legal system. As has been rightly observed, … Read More
Disputes are as old as the human race. They are a common feature of social and legal relations between individuals, corporate and state parties both at domestic and international level. Their continued escalation calls for the establishment of elaborate systems of conflict management and dispute resolution or determination. Such a system would accommodate the increasing
Legal relations in commercial transactions are invariably based on agreement between two or more parties, whose corresponding promises bind them in law to act in performance of their respective obligations. The earnest pact between them constitutes a contract under which they acquire rights enforceable at law. Read More
The establishment of conventional democratic institutions in developing common law jurisdictions were closely linked to British colonial administrative strategies. They were founded on the English constitutional order with minor modifications to accommodate local,… Read more
THE SOCIAL THEORY OF LEGISLATION AND PUBLIC PARTICIPATION IN KENYA Read More »