Judiciary Opens Its Doors to Mediation
April 18, 2016
Article 159 of the Constitution mandates the Judiciary to promote alternative mechanisms of alternative dispute resolution (ADR) in the administration of justice. This is further given effect by the Civil Procedure Act (Chapter 21 of the Laws of Kenya). In line with its transformation framework, the Judiciary has embraced alternative dispute resolution as an avenue for addressing case backlog in the court system while making justice more accessible.
The coming into force of the Mediation (Pilot Project) Rules 2015 (Legal Notice Number 197 of 2015) under the Civil Procedure Act on 4th April 2016, marked the beginning of the Pilot phase being implemented in the Commercial and Family Divisions of the High Court at Milimani Law Courts, Nairobi. After the pilot phase, the Judiciary is keen on rolling out the project across the country.
The Court-annexed mediation offers an alternative forum (within the ambit of the Judiciary) of resolving disputes in a faster, cheaper and more amicable way.
Click to Download Court Annexed Mediation at the Judiciary of Kenya.
April 26, 2016
The move by judiciary to uphold other modes of dispute resolution is a move by our courts in forstering the spirit of the Constitution of Kenya 2010. Mediation being one of the methods is an indication that even the remaining modes of dispute resolution will be upheld with time.
It is easy to encourage parties to engage and solve their problems through mediation since the reason why most of the parties come to court is to seek resolution and still maintain the relationship they had with the other parties. mediation encourage good co-existance.
February 22, 2017
Kenya is making great steps in its endavour to ensure that justice is served to all expeditiously and in the shortest time possible. Introduction of court annexed mediation and ADR mechanisms in general into the justice system will ease access to justice and save Kenyans time and cost that would otherwise be spent in the formal litigation process. This is done of course in the spirit of article 159(2) of the constitution of Kenya 2010.
May 13, 2017
I need to know how to part of the adr.it is a wonderful move which will decongest how courts in a big way
Charles Njonjo Kamau
January 19, 2018
This is a great move by the Judiciary. It will decongest the court Registries and also give room for faster, Cheaper and more friendly justice. I would seriously like to offer myself for such services to the community.
January 31, 2018
The Move to establish and promote Mediation is good.
As a mediator i fully support it and encourage many Kenyans to enroll in mediation course and apply for accreditation so that we have mediators countrywide.
Any person can train as a mediator so that we resolve disputes at home work and community levels.
August 4, 2018
My case was taken by mediator but she was not fair.
Naviava Saul John
April 26, 2019
I’m a governance expert and certified Secretary. I wish to be enlisted as an on call mediator or arbitrator.
May 13, 2019
sorry to hear your mediator was not fair. in such a scenario you can go to the deputy registrar and report the issue which will be sorted out as soon as possible
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