PATHWAY TO DIGITAL JUSTICE AND INNOVATIVE MECHANISMS: AN ANALYSIS OF AMICABLE DISPUTE SETTLEMENT IN KENYA
Abstract
Digital technology continues to transform dispute resolution landscape. In the
process however, despite solving numerous problems, it generates new breeds of
disputes all together. Since time immemorial, justice has been meted out such that
the disputants alongside the adjudicators have to converge at an agreed place
and give their part of the story hoping that the adjudicator will facilitate an
agreement between them on the issues in contention. By the end of the day, justice
will have been done. This article seeks to review the promise of an improved
dispute resolution mechanism through technology in Kenya, grounded in less
conceptual and physical considerations, and the possibility of justice being
achieved digitally.