Abstract:
The Constitution of Kenya provides that every Kenyan has a right to access justice under Article 48. This demands the use of all methods legally available to be used in achievement of this right. Under Article 159(2) of the Constitution, the use of ADR mechanisms has been recognized. Thus another avenue other than litigation has been provided in realization of enjoying our full rights as citizens.
As the middlemen between the society and the courts, lawyers are expected to facilitate access to justice through all legally recognized means including ADR. In some jurisdictions like the United States of America the role of lawyers in the ADR process is well defined while in Australia lawyers are encouraged to take up ADR since it offers more opportunities. In Kenya ADR is still not considered a proper channel to access justice thus most lawyers are not keen on pursuing the alternative mechanisms. This research therefore seeks to analyze the role lawyers ought to play in order to enable Kenyans to access justice while also considering reasons why lawyers are reluctant to engage in ADR.
