NAIROBI, Kenya, Aug 16– More than Sh14 billion has been released back into the economy over the past five years through resolution of cases using mediation.
The resolved cases stand at 5,218 out of 9,057 that have been referred to mediation, according to the Chairman of the Medication Accreditation Committee, Justice George Odunga.
Justice Odunga who led members of the committee in a virtual meeting with Chief Justice Martha Koome said settlement of cases through mediation stands at 52.5 per cent.
“It is however worth noting that the above figure does not reflect the many family and children cases that have been resolved by the mediators thereby mending and restoring relationships,” Justice Odunga told the CJ.
The Mediation Accreditation Committee (MAC), was formally launched in 2015.
It draws representation from the Law Society of Kenya, the office of the Attorney General, Law Society of Kenya, Chartered Institute of Arbitrators, Kenya Private Sector Alliance, International Commission of Jurists (Kenya Chapter), Institute of Certified Public Accountants of Kenya, Institute of Certified Public Secretaries, Kenya Bankers Association, Federation of Kenya Employers and the Central Organisation of Trade Unions.
The committee is mandated to determine the criteria for accreditation of mediators, prepare rules for certification of mediators, maintain a register of qualified mediators, enforce a code of ethics for mediators and set up appropriate training criteria for mediators.
Since its launch, the committee has been able to review over 2,000 applications and accredited 863 mediators.
“The committee seeks to accredit and maintain a database of at least 10,000 mediators across the country with diverse skills and experience and various areas of dispute within the next five years,” Justice Odunga said.
During the meeting, the committee sought the deployment of staff to establish a permanent secretariat and facilities to enable its office operate efficiently.
The committee is also requesting for allocation and creation of a budget line to effectively carry out its activities.
The committee is also asking for at least Sh300 million per year for the payment of mediators and allocation of mediation suites at each court station where court annexed mediations can be carried out.
In addition, the committee will be making proposals on pending Bills before the Senate and National Assembly on Alternative Dispute Resolution (ADR).
In her remarks, Chief Justice Koome emphasised that mainstreaming of alternative mechanisms for accessing justice was a key pillar of her vision for the Judiciary.
“I will encourage the growth of Alternative Dispute Resolution (ADR) mechanisms like mediation as avenues for settling disputes out of court,” she said.
She added that the quest to expand the doorways of justice seeks to harness mediation as a mechanism to reach ordinary individuals, attract their claims and enable them access justice in simple, cost-effective, and expeditious way.
She proposed the establishment an Alternative Dispute Resolution centre of excellence to support the growth and uptake of ADR across the country, especially court annexed mediation.
“My vision for the Judiciary, is about “Social Transformation through Access to Justice” and the place of mediation within that vision. In essence, my vision is geared towards delivering an efficient, accessible, cost-effective, expeditious, and fair justice system to the people of Kenya,” she said.
