The Judiciary has renewed its push to expand mediation as a key pillar of justice delivery, with Chief Justice Martha Koome stressing the approach is central to ensuring courts serve ordinary citizens beyond prolonged litigation.
She said the justice system must prioritise human-centred solutions that address the realities behind court cases, including families in conflict and children awaiting resolution.
“Behind every case file is a human
story: a family in conflict, children awaiting certainty and relationships
hanging in the balance,” Koome said at the opening of the 2026 Mediation Summit.
Her address, delivered by Court of
Appeal judge Hellen Omondi, highlighted mediation as a core part of the
Judiciary’s Social Transformation through Access to Justice (STAJ) agenda,
aimed at widening access to justice for all citizens.
Judges at the summit also emphasised
that while mediation is expanding rapidly, it must be applied carefully to
protect vulnerable parties and ensure fairness in outcomes.
Justice Aggrey Muchelule, who chairs
the Judiciary Steering Committee on Mediation, said the practice is deeply
rooted in African tradition and is not a foreign import.
“Long before formal courts, disputes
were resolved through dialogue, through elders and through listening,” he said,
adding that Article 159(2)(c) of the Constitution reflects this heritage.
He said court-annexed
mediation has evolved from a 2016 pilot in the family division into a
nationwide system now operating in 120 court registries across all 47 counties.
According to Judiciary figures, the
programme has already released more than Sh95 billion back into the economy by
resolving disputes outside formal court processes.
Justice Caroline
Kendagor said the expansion of mediation reflects its growing acceptance in family and commercial disputes, while also easing pressure on the court
system.
Chief Registrar of the Judiciary
Winfridah Mokaya described mediators as key contributors to access to justice,
as stakeholders at the summit highlighted its impact on reducing delays and
restoring relationships.
Kenya Bankers Association CEO
Raimond Molenje pointed to its economic value, saying mediation has helped
conclude about 600 court cases and unlocked approximately Sh15 billion.
“Mediation brings in reconciliation.
We need to ensure that money is not locked up in court conflicts,” he said.
Presidents' women rights adviser Harriette Chiggai said mediation
is transforming access to justice by resolving disputes faster and restoring
families, particularly benefiting women.
The three-day summit, hosted by
Strathmore University in collaboration with the Judiciary, brings together
judges, mediators and legal experts to explore its use in family disputes,
succession matters, cross-border conflicts and even artificial intelligence in
dispute resolution.
