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Judiciary Opens Its Doors to Mediation

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.

  1. 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.

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