Judiciary aims to promote arbitration, reduce cases

Judge Fred Ochieng.
Judge Fred Ochieng.

The Judiciary is seeking partnership with other African counties to promote arbitration in dispute resolution.

Kisumu High Court presiding judge Fredrick Ochieng yesterday said mediation has been accepted by members of the bar who had doubts about it.

He spoke during a dispute resolution conference at the Intercontinental Hotel, Nairobi.

“We are ready to work together to bring mediation throughout the country as we have recorded a fair degree of success,” Justice Ochieng said.

He said the success rate is about 53 per cent as compared to other jurisdictions.

Ochieng said former Chief Justice Willy Mutunga had faith in mediation, which has been supported by CJ David Maraga, the LSK, among others.

Huang Wen, an arbitrator from China, said mediation builds relationships and parties have been encouraged to mediate since 2008.

However, lawyer Gladys Wamaitha pointed out the cost of mediation and time as barriers to arbitration. She encouraged the Judiciary to establish a mediation centre at every High Court station to reduce the number of cases taken to court.

Deputy Solicitor General Njeri Mwangi said the government will work with other countries to promote arbitration. The chief guest is Attorney General Paul Kihara. The conference continues today.

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