Justice in Kenya received a major boost this week as 27 Certified Professional Mediators (CPM) graduated in Nairobi, marking a major step toward addressing the country’s acute shortage of trained mediators.
The graduates, trained by the Institute of International and Development Law (IIDLAW) in partnership with Suluhu Mediation Centre, join the growing ranks of professionals driving the Judiciary’s Court-Annexed Mediation (CAM) initiative — a programme designed to ease court congestion and promote amicable dispute resolution.
Stakeholders at the event hailed the milestone as a timely response to the surging demand for mediation services in a country with just about 2,000 registered mediators serving a population of more than 50 million.
Speakers at the event noted that court referrals to mediation have increased drastically, underscoring the need for more qualified mediators. They added that case outcomes have significantly increased, indicating a high success rate.
IIDLAW Director Judy Ngayu noted that training more mediators will help bridge the gap and ensure there are enough qualified mediators to handle matters within the republic.
“We have a shortage of mediators as a country, and the fact that there are so many matters dragging in courts and many files in the Judiciary being handled by mediators is a sign that there’s more that needs to be done. This is the reason IIDLAW embarked on this programme of training mediators,” she said.
The Director noted that the mediation training programme at IIDLAW is set to be taken to the next level following a partnership with Suluhu Mediation Centre to offer a range of programmes, from professional certification courses to workshops on topics such as commercial or domestic violence mediation.
Ferd Moyomba, the training coordinator at IIDLAW, quipped that the training options include in-person, virtual, and blended formats, and some programs lead to accreditation recognised by the Judiciary of Kenya.
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His sentiments were echoed by Senior Resident Magistrate Adelaide Sisenda, who graduated as a CPM after undergoing the training. She noted that mediation practice should be upheld to assist the Judiciary in resolving disputes spanning corporate, succession and inheritance, marital and family, and commercial and trade matters, among others.
“Our courts are currently overwhelmed with cases that can be settled through Alternative Dispute Resolution (ADR) processes, and especially mediation. This is the only process to amicably solve disputes while ensuring that the relationship between the parties involved is not harmed in any way,” she said.
Hon Sisenda reiterated that there’s a dire need to enhance the training of more mediators and to create a unified legal framework, such as a national Mediation Act, to facilitate structured growth and standardisation of the mediation profession.
She, at the same time, emphasised the importance of an alternative justice system (AJS) or alternative dispute resolution (ADR), which she said goes a long way toward saving time and expenses incurred through ordinary litigation.
“Many Kenyans are still resorting to litigation as their first option, and this indicates a persistent need for greater public sensitisation about the benefits of mediation,” she noted.
Suluhu Mediation Centre Director Maina Migwi noted that to increase the number of mediators in the country, comprehensive strategies are needed to build a robust mediation ecosystem. He said that the plan includes strengthening the institutional framework, increasing public awareness of mediation’s benefits, and establishing training and financial support systems.
We must establish common training standards and work with professional and academic institutions to develop and implement standardised training and accreditation programs. This is why we are working closely with MKU through IIDLAW to advance this training.
The Chief Guest at the event, Mrs Christine Kungu, the Chairperson of the Federation of Women Lawyers in Kenya (FIDA-Kenya), noted that the adequacy of certified and qualified mediators will enhance justice for women and girls across the country.
“We have seen mediation to be a comparatively efficient mechanism for parties who wish to amicably resolve their disputes while enhancing unity and protecting the mutual relationship they have for each other,” she noted.
She, however, called on mediators, especially those entering the profession, to observe and adhere to the Mediators’ Code of Conduct and uphold high integrity standards in their work.
By John Kamau
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