Value of disputes referred for out-of-court mediation hits Sh41bn


Chief Registrar of the Judiciary, Kenya Anne Amadi during the opening ceremony of a two-day Mediation Summit themed; "Banking and Mediation Leading the way", at Strathmore University, Nairobi on April 13, 2023. PHOTO |  WILFRED NYANGARESI | NMG

Disputes worth Sh41 billion were referred to mediation for resolution in the year to June 2022 as firms turned to out-of-court settlements to avoid lengthy court litigation, a report tabled in Parliament shows.

Chief Registrar of Judiciary Anne Amadi said 4,301 matters valued at Sh41 billion were referred to mediation out of which 1,460 matters worth Sh8 billion were settled.

“Notably, the Transport Licensing Appeals Tribunal settled four cases worth Sh200 million,” she said in the Judiciary Programme Performance Review Report (PPR) for the year to June 2022.

Ms Amadi said the Judiciary entrenched alternative forms of dispute resolution through 14 mediation sub-registries, stakeholder’s engagement on validation of alternative dispute resolution policy, and adoption of court-annexed mediation in Nairobi, Kericho, Mombasa and Kisumu.

She said Court Annexed Mediation was implemented in 12 courts including Bomet, Chuka, Kapsabet, Kericho, Kerugoya, Kiambu, Kitale, Meru, Naivasha, Nanyuki, Ngong and Siaya.

“A total of 2,419 matters were referred to mediation out of which 51 percent were settled, with a total value of Sh2.7 billion released to the economy,” the report states.

Ms Amadi said Small Claims Courts were established and set up in 11 courts. They include Milimani, Kajiado, Machakos, Nyeri, Naivasha, Nakuru, Eldoret, Kakamega, Kisumu Mombasa and Thika.

She said, in addition, 11 registries were established at Milimani, Kajiado, Machakos, Thika, Eldoret, Nyeri, Naivasha, Nakuru, Kakamega, Mombasa and Kisumu and one sub-registry at Makueni.

“Since the operationalisation of Milimani Small Claims Court on April 26, 2021, the Small Claims Courts have registered 12,459 matters and concluded over 8,308 matters with a value of Sh1.1 billion as of June 30, 2022,” she said.

Ms Amadi said 24 resident magistrates were appointed as adjudicators to implement the courts.

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