Introduction

The Dispute Settlement Understanding (DSU) governing the dispute settlement system (DSS) of the World Trade Organization (WTO) is one of the cornerstones of the multilateral trading system. A credible dispute settlement system is crucial to ensure certainty and predictability in global trade. The DSU has indeed enabled countries to resolve trade disputes with other WTO Members without acrimony. However, more than a decade after the adoption of the DSU, the number of countries that have utilised the DSS is limited primarily to developed countries, with sporadic engagement by economically stronger developing countries. Whereas most African countries participate in trade negotiations under the WTO, their use of the WTO DSS has been almost non-existent. As African countries strive to pursue their development objectives through enhanced international trade, it is thought that they would also use the system to defend their trade interests and further their development agenda.

Much has been written about developing countries, especially African countries, on their conspicuous absence and non-utilisation of the WTO DSS. This chapter focuses on Kenya and explores factors that influence its decision to use the DSS. Among the issues examined is Kenya's preparedness for handling disputes before the WTO, including its human, logistical and financial capacity to engage in the process and overcome the challenges associated with the use of the DSS.

The authors faced limitations arising from the sensitive nature of the subject matter discussed in this chapter.