In light of the provisions of Article 159 of the Constitution of Kenya 2010 and the High Court Decision in R vs. Mohammed Abdow Mohammed, critically analyse the extent of arbitrability in Kenya.
Question
In light of the provisions of Article 159 of the Constitution of Kenya 2010 and the High Court Decision in R vs. Mohammed Abdow Mohammed, critically analyse the extent of arbitrability in Kenya.
Solution
This question requires a detailed understanding of both the Kenyan Constitution and the specific High Court decision mentioned. Here's a step-by-step guide on how to approach this:
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Understand the Key Terms: The first step is to understand the key terms in the question. 'Arbitrability' refers to the ability of a dispute to be settled through arbitration, a form of alternative dispute resolution.
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Review Article 159 of the Constitution of Kenya 2010: This article of the Kenyan Constitution deals with the Judiciary and its role in dispute resolution. It encourages alternative forms of dispute resolution, including arbitration, in the determination of civil cases.
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Review the High Court Decision in R vs. Mohammed Abdow Mohammed: This case is a significant one in Kenyan law, and it's important to understand the details of the case, the decision made by the High Court, and its implications for arbitration in Kenya.
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Analyse the Extent of Arbitrability in Kenya: Based on your understanding of Article 159 and the High Court decision, you should now be able to analyse the extent of arbitrability in Kenya. Consider questions such as: How does the law in Kenya view arbitration? What types of disputes can be settled through arbitration, and which ones cannot? How did the High Court decision in R vs. Mohammed Abdow Mohammed impact the use of arbitration in Kenya?
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Critically Evaluate: The question asks for a critical analysis, so it's important to not just describe the state of arbitrability in Kenya, but also to evaluate it. Are there limitations to the use of arbitration in Kenya? Are there potential improvements that could be made?
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Conclusion: Summarize your findings and present a balanced conclusion based on your analysis.
Remember to cite your sources and provide evidence to support your arguments.
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