KENYA Trends and Developments Contributed by: Ahmednasir Abdullahi, Asli Osman, Peter Muchoki and Elizabeth Wangui Mungai, Ahmednasir Abdullahi Advocates LLP
While the Amendment Bill offers significant structural and procedural improvements, including the Arbi- tral Court, fast-track arbitration, clearer award deliv- ery rules and third-party funding mechanisms, gaps remain that require careful monitoring and possible refinement, particularly regarding domestic arbitration funding, residual judicial discretion, and alignment with insolvency law. If these reforms are implemented thoughtfully, they can restore confidence in arbitration, reinforce the principle of finality, enhance efficiency and position Kenya as a reliable, business-friendly arbitration hub in Africa.
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