Chief Justice Martha Koome announced Court Annexed Mediation (CAM) impact on the Kenyan economy during the 2nd Annual Mediation Summit.
Addressing participants at the summit, Deputy Chief Justice Philomena Mwilu while delivering the keynote speech on behalf of CJ Koome, highlighted the steady improvement in settlement rates.
With a success rate of 92.3%, she noted that CAM has facilitated the resolution of 16,770 out of 18,162 cases, releasing approximately 52.1 billion shillings back into circulation.
According to the Deputy CJ, the previous fiscal year witnessed a settlement rate of 51.2%, while the current year boasts an even higher rate at 54.98%.
Notably, the average case running days stand at 73 working days.
Since the previous summit, the banking sector has had 446 banking-related matters referred to mediation, resulting in the injection of approximately 7 billion shillings into the economy.
CAM’s reach extends across 40 counties, supported by 60 Mediation Registries and 118 courts.
Despite challenges such as delays in mediator fee settlements, the deputy CJ noted that efforts are underway to address these issues.
“Moreover, the number of accredited mediators has surged to 1,515, with 832 actively engaged in mediation activities. However, challenges persist, particularly regarding the timely settlement of mediators’ fees.
“CJ Koome assured stakeholders of ongoing efforts to address these challenges with long-term solutions,” read a statement from CJ Koome.
Mediation Role in Solving Conflicts
On labor relations, CJ Koome pointed out mediation’s role in resolving conflicts between workers and employers.
“The Employment and Labour Relations Court has effectively used mediation to resolve 1,929 labor disputes, with a 93.1% conclusion rate. The current settlement rate for employment and labor matters stands at 52.21%, with cases taking an average of 36 days to resolve,” she said.
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Similarly, The Employment and Labour Relations Court (ELRC) has turned on mediation to resolve complex labor disputes, with 1,929 matters referred to mediation in the last decade.
“Impressively, 93.1% of these matters have been concluded, reaffirming the efficacy of mediation in resolving labor-related conflicts. The settlement rate for employment and labor matters referred to mediation from January 2024 to April 15th, 2024, stands at 52.21%, with an average case running time of 36 days,” she adds.
Also speaking at the summit, Employment and Labour Relations Court Principal Judge Byram Ongaya applauded the court’s embrace of Alternative Dispute Resolution (ADR) mechanisms.
He noted the effectiveness of ADR in finding innovative solutions not readily available through ordinary court proceedings, positioning it as the future of dispute resolution in workspace and workplace disputes.
“ADR and AJS are clearly the way of the future for workspace and workplace disputes. Their role in making justice our true shield and defender is apparently more crucial than can be achieved by court proceedings,” Justice Ongaya told the conference.
Article 159(2)(c) of the Kenyan Constitution acknowledges and encourages mediation as a form of dispute resolution within the judicial system.
About Court Annexed Mediation (CAM)
One such initiative is the Court Annexed Mediation (CAM), which operates under the auspices of the courts, aiming to facilitate timely and effective resolution of legal disputes.
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In Kenya, CAM is being piloted at the Family and Commercial Divisions of the High Courts in Milimani Law Courts, Nairobi, with plans for nationwide implementation underway.
CAM proceedings typically conclude within 60 days from referral, extendable by ten days if needed.
If an agreement is reached, parties sign a mediation agreement filed with the Mediation Deputy Registrar (MDR).
However, if no agreement is reached, the case proceeds through the usual court process.
