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.

Thesis Abstract: This research critically investigates the attitude of the Kenyan courts towards enforcing and annulling arbitral awards. It engages with literature and surveys that indicate Kenya is not considered the premier arbitral seat in the East African region or the African continent. This is despite Kenya possessing the infrastructure necessary to align with the principles outlined in the CIArb London Centenary Principles to be considered an effective, efficient, and safe arbitral seat. Building on this, the central research question of the thesis is: ‘Why is Kenya not perceived as the leading arbitral seat in East Africa and across Africa?’ 

The research hypothesis posits that Kenyan courts generally adopt a supportive approach towards applications for the enforcement and annulment of awards in accordance with international standards. It further proposes that factors beyond the role of the court in determining setting aside and enforcement applications are likely to contribute to Kenya's relatively weak reputation as an arbitral seat, both in the region and across the continent. It is anticipated that this study will address the gap in the literature regarding case data, enabling an informed assessment of the judiciary's role at the enforcement stage of the arbitral process. 

The study could potentially enhance Kenya's standing as a competitive arbitral seat and assist practitioners, policymakers, and arbitral institutions in refining their strategies to strengthen Kenya's position as an arbitral seat in the region and on the continent. Qualitative document analysis and quantitative empirical research of relevant Kenyan cases between 1996 and 2025 are the primary methods employed to obtain the appropriate data. The analysis of this data will provide insight into the approach taken by the Kenyan courts when enforcing and setting aside arbitral awards. The data collected will either support or refute the study's hypothesis. An examination of the central research question and sub-research questions will also be conducted through the doctrinal legal research methodology by analysing primary and secondary sources. Recommendations based on the findings aim to build on 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.