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Arbitration in Kenya: The Process, Benefits, and Legal Framework

Arbitration serves as a vital alternative dispute resolution mechanism in Kenya, allowing parties to resolve conflicts outside the traditional court system through a private and structured process. As a form of ADR, arbitration involves parties agreeing to submit their disputes to one or more neutral third parties, known as arbitrators, who render a binding decision after considering evidence and arguments….

The Interplay between Kikuyu Customary Law and the Presumption of Trust: Proving the Capacity of the Muramati in Ancestral Land Succession

In the Court of Appeal at Nyeri April 28, 2022 KECA 524 (KLR) The dispute before the Court of Appeal originated from a contest over the estate of Ephantus Mwangi Waweru, specifically land parcel Nyeri/Watuka/1569. The appellant, Francis Gichohi Kambo, the son of Phyllis Njoki Kambo and a nephew to the deceased, sought to establish that the suit property was…

The Primacy of Proven Contribution: Reassessing the Evidentiary Burden in the Alienation of the Matrimonial Home

In the Court of Appeal at Nakuru 16th December 2025 Civil Appeal No. 16 of 2019 (CA No. 84 of 2019) Introduction The litigation originated from a domestic and commercial conflict involving a matrimonial home and the subsequent sale of that home to a third party by the registered proprietor without the spouse’s consent. Francis Ngata King’ori and the late…

Constitutional Supremacy and the Perils of Legislative Inertia: A Review of the Enforcement of Defunct Penal Provisions

Katiba Institute vs Kenya National Commission on Human Rights and National Assembly and 5 Others (Petition No. E036 Of 2024 (Consolidated With Petitions E080 and E497 Of 2024)). The dispute before the High Court arose from a longstanding legal impasse regarding the validity of the robbery and attempted robbery provisions within the Kenyan Penal Code. This constitutional conflict traces its…