The Judiciary has rolled out the Court Annexed Mediation (CAM) programme through which cases are resolved with the assistance of court accredited mediators, usually lawyers who receive training in mediation.
In CAM, a case is screened by the court and if it qualifies, it is referred to mediation. The court then provides three mediators from whom both parties select one with whom they are comfortable.
The selected mediator listens to their grievances and supports them in reaching a mutually acceptable solution and the agreement reached is considered legally binding by the court.
Speaking during the roll out in Kajiado law courts, the Registrar for Mediation Caroline Kendagor said that the court annexed mediation programme would handle cases related to civil nature, succession, environment and land, and employment and labour related cases.
“While the process is mandatory for select cases, the parties are not forced to reach a settlement. Cases that will not go to mediation are those that have to do with child abuse, domestic violence, sexual violence and sexual offences even if they are civil cases,” said Kendagor.
She pointed out that CAM is different from Alternative Justice System (AJS) in the sense that the AJS model in Kajiado is autonomous while the mediation annex will involve accredited mediators from the court.
Mr. Justice Maxwell Gicheru of the Environment and Land Court said that Article 159 of the Kenyan Constitution provides many ways of solving cases and that justice must not be delayed.
He remarked that in addition to the courts, “We must have arbitration, mediation and alternative justice system as a way of solving cases so that they are solved expeditiously and justice is not delayed and the disputes are resolved so that the country’s economy can grow as cases such as those related to land tie up the economy and the only way to ensure the cases are dealt with quickly is through alternative methods.”
Lady Justice Stella Mutuku, the presiding judge in Kajiado, urged Kajiado residents to make use of the CAM programme as it offers fast and efficient resolution for parties to resolve their disputes before reaching the courts.
Steve Biko, the Kajiado Mediators representative, noted that the CAM programme heals relationships, restores communal relations and empowers citizens in decision making.
During the function, the court annexed mediation registry was unveiled by Lady Justice Mutuku. The CAM was introduced in Kenya in 2016.
By Diana Meneto
