Justice Hellen Omondi has urged the Judiciary to prioritize dispute resolution mechanisms that protect children and women.
Speaking during the 4th Annual Mediation Summit 2026 at Strathmore University in Nairobi, Justice Hellen Omondi noted that disputes involving matrimonial property, child custody, gender-based violence, and inheritance frequently place women and children at a disadvantage.
She argued that judges should apply justice processes that are more sensitive, humane, and protective.
“We believe that justice must be accessible, humane, and transformative. Family disputes concerning marital property, human rights management, sexual violence, or inheritance often disproportionately affect women and children. It is our responsibility, as members of the judiciary and the association, to champion dispute resolution mechanisms that protect dignity and safeguard the vulnerable,” said Justice Hellen Omondi.
Justice Hellen Omondi calls for mediation in sensitive family cases
She also highlighted the growing importance of mediation in addressing increasingly complex family law matters.
Justice Hellen Omondi noted that the court should consider mediation on emerging areas such as surrogacy arrangements and assisted reproductive technologies.
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She observed that such agreements are not purely commercial contracts, but deeply personal arrangements rooted in emotional, social, and biological realities.
Hellen further stated that mediation provides a safer and more private space for resolving disputes that may arise between surrogacy mothers and intended parents, helping prevent family breakdowns before they escalate into litigation.
“Through mediation in these arrangements, we can move beyond the clinical nature of the law to proactively address the emotional complexities and potential disputes that may arise between surrogacy mothers and intended parents. In this sense, family professionals have an important role to play in looking beyond litigation. It is incumbent upon them to raise awareness among their clients of the need to include a mediation clause in every surrogacy agreement,” said Justice Hellen.
In addition, the judge urged legal professionals to encourage clients to include mediation clauses in sensitive agreements to ensure that if disputes arise, parties have a structured and private mechanism for resolving differences before relationships are irreparably damaged.
Justice Hellen Omondi added that mediation allows families to address conflict in a way that protects emotional wellbeing and maintains trust between parties.
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She also argued that the push for mediation is within the constitution, noting that Article 45 recognizes the family as the fundamental unit of society and must therefore be protected from harmful legal battles.
The judge further cited constitutional provisions that support alternative dispute resolutions, including Article 48 on access to justice and Article 159, which encourages courts to promote alternative dispute settlement.
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Additionally, Justice Hellen Omondi stated that mediation is helping to transform Kenya’s justice system by reducing court delays, improving outcomes, and restoring broken relationships.
She said that beyond statistics, the true value of mediation lies in its ability to heal families and preserve social bonds.
She noted that traditional litigation is often ill-suited to private family matters and can worsen conflict, especially when children are involved.
Meanwhile, Justice Omondi called for stronger collaboration among the Judiciary, mediators, legal professionals, and international partners to improve public trust in alternative dispute resolution systems.
