Out-of-court case settlements value hits Sh6.9 billion

Move to settle matters out of courts helped wrangling parties resolve cases worth Sh6.9 billion rather than get entangled in lengthy legal proceedings.

A total of 2,905 cases with a monetary value of Sh33.9 billion were referred to mediation dominated by family disputes and commercial disagreements.

Mediation has resulted in the fast-tracking of the hearing and determination of cases. This helped to case backlog, especially at the magistrate courts and in the High Court.

Chief Justice David Maraga who released the State of the Judiciary Report last week, said it was encouraging that the public reception and uptake of mediation services have been very high.

“During the financial year, 2,905 matters, with a monetary value of Sh33.9 billion were referred to mediation. Out of these matters, 946 were settled. The total value of the matters in mediation with settlement agreements stood at Sh6.9 billion,” he said.

“Commercial and Tax Division of the Milimani High Court had the highest value of matters referred to mediation at Sh21 billion, followed by Family Division at Sh8 billion.”

Court cases that tend to drag over a long time have left disputing parties without access to their funds as they accumulate huge legal fees. For instance, Jane Gathoni Munene and Joan Mugure Munene are fighting lawyer Gatheru Gathemia over a Sh500 million in legal bill, saying it is exorbitant.

They said they instructed the advocate to act for them in 2011, for rectification of the grants issued in two succession matters, involving a Sh5 billion estates of their late parents – Winnie Wanjiru Munene and Samuel Gitau Munene.