KENYATTA UNIVERSITY

UNIVERSITY EXAMINATIONS 2024

SECOND YEAR SECOND SEMESTER

CONTINUOUS ASSESSMENT TEST No1- (“TAKE HOME GROUP ASSIGNMENT”)

FOR THE DEGREE OF BACHELOR OF LAWS

SUBJECT: ALTERNATIVE DISPUTE RESOLUTION (LPL 201)

DATE OF ISSUANCE: 10TH OF APRIL 2024

DATE AND MODE OF SUBMISSION: 25TH AND 26TH OF APRIL 2024

1. Soft Copies are to be mailed by the groups’ leaders to the course instructor’s e-mail
(handa.catherine@ku.ac.ke) on or before 25th of April 2024.

2. Hard copies are to be submitted by the groups’ leaders directly to the course instructor in
person in class, immediately before administration of the “End of the Semester Exam”, at
08.00 a.m. on or before 26th of April 2024 at the Secretariat of the Private Law Department,
KUSOL.

INSTRUCTIONS:

1. Please answer the question below on not less than ten (10) pages of an A4 paper.

2. This “Take Home Group Assignment” should be submitted in soft and printed form:
(i) Font: Times New Roman
(ii) Font size: 12
(iii)Spacing 1.5 spacing between the lines
(iv) Paginated
(v) Aligned
(vi) For online submission the assignments must be saved in Word format

1
 3. The first page of the Assignment should contain the following information:
(i) Researching Group Number;
(ii) Restatement of the question that is being researched and answered;
(iii) Group members’ particulars (individual students’ names, registration numbers,
telephone numbers and e-mail addresses);
(iv) Each group members must append his/her signature against their respective name.

4. The assignment must contain:

(i) Numerated Headings and Subheadings;
(ii) Bibliography and references section, which must appear on page 12 of the
assignment and refer to not less than four (4) distinct scholarly articles.
(iii)List of cited cases as well as a list of statutory instruments cited (if any and where
applicable), which must appear on page 11 of the assignment;
(iv) Citations of a minimum of four (4) recently decided cases (including facts, decision
and grounds for court decision).

5. For an additional mark: cite an arbitral award (including facts, decision and grounds for
the tribunal’s decision).

NOTE:
(i) An individual student may only belong to one researching group.
(ii) Online submission of a soft copy of the assignment does not substitute submission
of the hard copies of the same

6. This Assignment will be marked out of total fifteen (15) marks

TAKE HOME ASSIGNMENT QUESTION FOR GROUP NO 4

Explain in detail how the jurisdiction of an arbitration tribunal or a single arbitrator is established
under Kenya’s Legal framework, comparing it with the establishment of a jurisdiction of a
conciliator. In your response explain what jurisdictional challenges may be brought against an
arbitral tribunal and a conciliator, describing how and in what forums such challenges may be
resolved. Use a minimum of 4 judicial decisions by the Kenyan courts, to illustrate major points in
your discussion.