Mark Wasunna

Mark is a lawyer who trained in the United Kingdom. He completed both LLB Law and Criminology (2016) and LLM Corporate and Commercial Law (2017) at the University of Sheffield. Mark subsequently returned to Kenya to undertake a Postgraduate Diploma at the Kenya School of Law, which he successfully completed and is awaiting to be admitted as an Advocate of the High Court of Kenya. During his training at the Kenya School of Law, he also worked with John Mburu and Company Advocates in Nairobi where he had invaluable first-hand experience working on a wide range of legal and arbitral matters. As a law student, Mark worked as an intern at Bowmans (Coulson Harney LLP) in Nairobi.

He is currently a member of the Chartered Institute of Arbitrators. Mark has a keen interest in alternative dispute resolution, international arbitration and the role the courts play in arbitral matters, especially in developing nations. He is also interested in the governance and economic development in Africa through the application of the law.

Mark’s main hobbies are playing football, travelling, and listening to music.

Thesis Abstract

This research critically investigates the attitude of the Kenyan courts when enforcing and annulling arbitral awards. In assessing the attitude of the Kenyan courts, the present research investigates whether the courts' approach to enforcement and annulment of arbitral awards is pro-jurisdictional or pro-arbitrational in nature. The hypothesis of the study is that the Kenyan courts adopt a pro-jurisdictional approach when enforcing and setting aside arbitral awards. Importantly, if the hypothesis is proven, it is envisioned that the recommendations have the possibility to positively impact the attractiveness of Kenya as an arbitral seat leading to potentially greater foreign investment inflow into the country. This in turn could spur economic development within Kenya, thus highlighting the significance of the study.

Qualitative document analysis and quantitative empirical research of relevant Kenyan cases between 1996 and 2024 are the primary methods of obtaining the relevant data. The analysis of this data will provide an understanding of the approach taken by the Kenyan courts when enforcing and setting aside arbitral awards. The data collected will also either prove or disprove the hypothesis of the study. An interrogation of the central research question and sub research questions will also be carried out through the doctrinal legal research methodology by analysing primary and secondary sources. Recommendations that are suggested based on the findings aim to build on the current research in this area and propose further work within this field moving forward.

Alternative dispute resolution (ADR), international commercial arbitration, governance and economic development in Africa.