Court Annexed Mediation in Kenya: A Complete Guide to the Future of Dispute Resolution

Table of Contents

1. Introduction: Why Court Annexed Mediation Matters

   
   

2. What is Court Annexed Mediation?

   
   

3. Legal and Constitutional Framework

   
   

4. The Civil Procedure (Court Annexed Mediation) Rules 2022

   
   

5. Key Institutions Supporting Court Annexed Mediation

   
   

6. Recent Developments and Statistics (2023–2025)

   
   

7. Types of Disputes Handled under Court Annexed Mediation

   
   

8. The Mediation Process: Step by Step

   
   

9. The Role of Mediators and Accreditation Standards

   
   

10. Benefits of Court Annexed Mediation in Kenya

    
    

11. Challenges and Limitations of the System

    
    

12. Case Studies and Recent Case Law

    
    

13. Practical Guidance for Litigants and Lawyers

    
    

14. Future Outlook: Expanding Court Annexed Mediation in Kenya

    
    

15. Conclusion

    
    

16. FAQs

1. Introduction: Why Court Annexed Mediation Matters

Kenya’s judiciary has faced a long-standing challenge: backlogs of thousands of unresolved cases. Traditional litigation is slow, costly, and adversarial, often straining relationships and delaying justice.

In response, Court Annexed Mediation (CAM) was introduced as part of judicial reforms aimed at achieving access to justice, efficiency, and fairness. Today, CAM is recognised as a game-changer in dispute resolution, not just easing court workloads but also delivering billions of shillings back into the economy.

2. What is Court Annexed Mediation?

Court Annexed Mediation is a structured dispute resolution process within the court system where an accredited mediator facilitates negotiations between parties. The aim is to reach a mutually acceptable settlement, which, once adopted by the court, carries the full force of a court order.

Unlike arbitration, which is binding and adjudicative, mediation is voluntary, confidential, and interest-based. Unlike private mediation, CAM is integrated into court proceedings and guided by statutory rules.

3. Legal and Constitutional Framework

• Constitution of Kenya 2010, Article 159(2)(c): Courts must promote ADR methods including reconciliation, mediation, arbitration, and traditional mechanisms.

  
  

• Civil Procedure Act (Cap 21): Provides statutory basis for CAM referrals and enforcement of mediated settlements.

  
  

• Judiciary Mediation Accreditation Committee (MAC): Established under Section 59A of the Civil Procedure Act to regulate mediators.

4. The Civil Procedure (Court Annexed Mediation) Rules 2022

The 2022 Rules consolidated and modernised CAM by:

• Requiring screening of cases for suitability.

  
  

• Prescribing a 60-day mediation period, extendable in limited cases.

  
  

• Providing for enforcement of mediation settlement agreements without fresh pleadings.

  
  

• Allowing parties to apply to set aside settlements under Rule 39(3) on grounds such as fraud, collusion, or mistake.

5. Key Institutions Supporting Court Annexed Mediation

• Mediation Accreditation Committee (MAC): Accredits and regulates mediators.

  
  

• Court Mediation Registries: Manage referrals, appointments, and compliance with timelines.

  
  

• Deputy Registrars and Screening Officers: Decide case suitability for mediation.

  
  

• Accredited Mediators: Over 2,000 mediators have been trained, with about 900 actively serving.

6. Recent Developments and Statistics (2023–2025)

• Over KSh 52 billion has been injected into the economy through CAM settlements.

  
  

• Between 2016–2024, more than 16,770 cases were resolved through CAM, with settlement rates above 90%.

  
  

• Employment and Labour Relations disputes show a 93% success rate, with an average resolution period of 36 days.

  
  

• CAM has been rolled out to counties such as Kericho, Kilifi, Trans Nzoia, Makueni, and Murang’a, broadening its reach to land, family, and civil disputes.

7. Types of Disputes Handled under Court Annexed Mediation

• Commercial disputes – contracts, debts, business transactions

  
  

• Family disputes – succession, custody, matrimonial property

  
  

• Land and environment disputes – ownership, boundaries, environmental use

  
  

• Employment and labour disputes – wrongful termination, workplace disagreements

  
  

• Civil cases – general claims where compromise is possible

  
  

Excluded: criminal cases, urgent injunctions, or matters needing judicial precedent.

8. The Mediation Process: Step by Step

1. Case filing – parties file suit in court.

   
   

2. Screening – registrar/deputy registrar assesses suitability.

   
   

3. Referral – court directs parties to mediation.

   
   

4. Mediator appointment – from accredited panel.

   
   

5. Pre-mediation conference – ground rules, timelines, and issues set.

   
   

6. Mediation sessions – confidential, facilitated discussions.

   
   

7. Settlement agreement – drafted if parties agree.

   
   

8. Court adoption – agreement filed, endorsed, and becomes binding as a decree.

   
   

9. If no agreement – case reverts to trial.

9. The Role of Mediators and Accreditation Standards

Mediators are neutral third parties trained in conflict management. Their duties include:

• Facilitating communication between parties.

  
  

• Identifying underlying interests.

  
  

• Proposing creative settlement options.

  
  

• Drafting clear agreements.

  
  

Accreditation requires professional training, vetting, compliance with a code of ethics, and ongoing development.

10. Benefits of Court Annexed Mediation in Kenya

• Faster justice: Average 36–73 days compared to years in litigation.

  
  

• Reduced costs: Fewer court appearances, lower legal fees.

  
  

• High success rates: Above 90% settlement in certain categories.

  
  

• Confidentiality: Proceedings are private and protected.

  
  

• Relationship preservation: Particularly critical in family and commercial disputes.

  
  

• Reduced backlog: Courts can focus on complex or precedent-setting cases.

  
  

• Economic impact: Billions released back into circulation through settlements.

11. Challenges and Limitations of the System

• Lack of awareness among litigants and lawyers.

  
  

• Unequal mediator competence in some counties.

  
  

• Resistance from parties preferring litigation.

  
  

• Occasional delays in mediator appointment or fee payment.

  
  

• Limited infrastructure in some regional courts.

12. Case Studies and Recent Case Law

County Implementation Examples

• Kericho Law Courts: Introduced CAM in 2025 to ease backlog.

  
  

• Kilifi County (Malindi): CAM office launched for land, environment, and civil disputes.

  
  

• Trans Nzoia: Focused on succession and land disputes with strict timelines.

  
  

Landmark Case: Tiego & another v Mahagwa & another (Environment & Land Case E004 of 2023) [2024] KEELC 6182 (KLR) (19 September 2024) (Ruling)

The applicants challenged a mediation agreement, claiming collusion and lack of consent. The court emphasised Rule 39(3) of the 2022 Rules, holding that a mediated agreement can only be set aside on limited grounds such as fraud or mistake. Since the threshold was not met, the agreement was upheld.

Lesson: CAM settlements are highly enforceable, and overturning them requires compelling evidence.

13. Practical Guidance for Litigants and Lawyers

• Always prepare thoroughly before mediation — clarify objectives and concessions.

  
  

• Engage counsel experienced in ADR to safeguard rights.

  
  

• Insist on full disclosure and fairness from mediators.

  
  

• Ensure agreements are drafted precisely to avoid ambiguity.

  
  

• Consider mediation early to save time and costs.

14. Future Outlook: Expanding Court Annexed Mediation in Kenya

The Judiciary aims to scale CAM nationwide, supported by digitisation, training of mediators, and integration with e-filing. Over time, CAM may become the default first step in most civil disputes, further embedding ADR in Kenya’s justice system.

15. Conclusion

Court Annexed Mediation in Kenya is not just an alternative, it is a transformative system shaping the future of justice. By delivering quicker, cheaper, and more collaborative outcomes, it empowers litigants, strengthens the judiciary, and drives economic growth.

For parties navigating disputes, CAM offers a credible and effective pathway to resolution that one that combines judicial authority with the flexibility of mediation.

16. FAQs

Q1: Is participation in CAM mandatory?

No. Courts may refer cases to mediation, but settlement remains voluntary.

Q2: How long does CAM take?

Most mediations conclude within 60 days, with some resolved in less than 40 days.

Q3: Are agreements enforceable?

Yes. Once adopted by court, they carry the weight of a binding judgment.

Q4: Can a CAM agreement be set aside?

Yes, but only on strict grounds such as fraud, collusion, or mistake, as clarified in case law.

Q5: What types of disputes are best suited for CAM?

Civil, commercial, land, succession, and employment disputes are most suitable. Criminal and urgent matters remain outside CAM.

For more detailed information, please refer to the Judiciary's Frequently Asked Questions on Court Annexed Mediation.

Court Annexed Mediation in Kenya: A Complete Guide to the Future of Dispute Resolution