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Arbitration Law & Practice in Kenya (Book Review)

EDITOR: Prof. Githu Muigai

Attorney-General Githu Muigai has edited this book on arbitration a few months after the publication of another one by Dr Kariuki Muigua. The new interest in arbitration is at least partly attributable to Section 159(c)(2) of the Constitution,which recognizes arbitration and other alternative dispute resolution procedures as important and necessary elements in the legal system.

Prof Muigai acknowledges that arbitration is not always as simple as it seems. The 205-page book is arranged In nine chapters. The chapters, though written by various authors, interact seamlessly as they discuss arbitration progressively from-the legal framework, the all-important arbitration agreement, the process itself and the enforcement of awards. Even then, a reader cannot help noticing the varying styles of the contributors. Some of them back up every thought with a reference, resulting in generous footnotes which, in a few cases, take over a third of the page.

All the contributors are lawyers. It must be pointed out that one does not have to be a lawyer to be an arbitrator. Many disputes involving construction, rent, service charge and company matters are resolved by quantity surveyors, architects, accountants and valuers. The authors have accomplished their objective of explaining what arbitration is, how It works and the legal aspects. They have, in the process, answered the frequently asked questions about arbitration.The book is an invaluable addition  to Kenyan literature on arbitration and on commercial law.