Judiciary settles Sh14 billion cases out of court

The move to settle matters out of court has helped resolve cases worth more than Sh14 billion in the last five years.

The Judiciary said 5,218 out of 9,057 cases were resolved through mediation, helping parties avoid lengthy and costly legal proceedings.

High Court Judge George Odunga, who chairs the Mediation Accreditation Committee (MAC), said the number of cases settled does not include those resolved under the family division, including those involving children.

The Judiciary launched the mediation process in 2015 in an effort to fast-track hearing and determination of cases and reduce backlog.

A mediator assists parties to a dispute to negotiate a mutually agreeable settlement instead of the adversarial court process, which often leaves them bitter.

Justice Odunga, who led members of the committee in a virtual meeting with Chief Justice Martha Koome on Monday, said MAC is seeking to accredit more mediators across the country to assist resolve cases.

The committee is mandated to determine the criteria for the accreditation, prepare rules for certification, and maintain a register of qualified mediators. MAC also enforces a code of ethics for mediators and sets up appropriate training criteria.

Since its launch, MAC has reviewed over 2,000 applications and accredited 863 mediators.

“The committee seeks to accredit and maintain a database of at least 10,000 mediators across the country with diverse skills and experience and various areas of dispute within the next five years,” Justice Odunga told the CJ.

It draws representation from the Law Society of Kenya, Attorney General’s office, Chartered Institute of Arbitrators, Kenya Private Sector Alliance, International Commission of Jurists (Kenya Chapter), Institute of Certified Public Accountants of Kenya, Institute of Certified Public Secretaries, Kenya Bankers Association, Federation of Kenya Employers and the Central Organisation of Trade Unions.

Budget allocation

During the meeting, the committee sought the deployment of staff to establish a permanent secretariat and a Sh300 million annual budget allocation to enable the office to operate efficiently and carry out its activities.

The funds would be used to pay mediators and set up mediation suites at court stations where court-annexed mediations can be carried out.

The committee said it would also be making proposals before the Senate and National Assembly on the pending Bills on Alternative Dispute Resolution (ADR).

In her remarks, Chief Justice Koome emphasised that mainstreaming alternative mechanisms for accessing justice was a key pillar of her vision for the Judiciary.

“I will encourage the growth of alternative dispute resolution mechanisms like mediation as avenues for settling disputes out of court,” she said.