Courts to prioritise mediation in burial, family disputes

Under the new framework, disputes involving custody, maintenance, matrimonial property, burial arrangements, and succession will be screened within 30 days of filing. Unless exempted by the courts, such cases will be referred to mediation.

“All family matters, including custody, maintenance, matrimonial property, burial disputes and probate, will undergo screening within 30 days of filing, with automatic referral to mediation unless exempted by the courts,” the joint communiqué states.

Read: Dialogue over litigation: Courts embrace mediation

Delegates at the summit, held at Strathmore University in Nairobi, said the move is intended to promote harmony within families while delivering faster, more accessible justice.

“Mediation offers families a pathway to resolve disputes amicably, reduce hostility and foster harmony in society,” the communiqué adds.

The three-day forum brought together judicial officers, mediators, lawyers, scholars, and representatives from state agencies, the private sector, and development partners. Discussions centred on how mediation can better address the rising number of family and succession disputes in the country.

Participants noted that burial and matrimonial disagreements, often emotionally charged, have increasingly clogged courts and strained family ties.

“Mediation in family disputes is essential for resolving conflict,” said Justice Helene Namisi, underscoring the urgency of shifting such cases away from adversarial court processes.

The summit theme emphasised the broader role of mediation in society.

“The role of mediation in resolving family, children and succession disputes is central to bringing peace and harmony in our families and society,” delegates noted.

For many participants, succession disputes remain among the most contentious, often fuelled by a lack of planning.

“Succession is a matter that really needs proper planning,” said Ruth Hafweli, adding that mediation can help families navigate sensitive inheritance issues without deepening divisions.

Others highlighted the simplicity and accessibility of mediation compared to court processes.

“Mediation is easy for people to resolve conflicts,” said Dan Odaba, noting that it allows parties to reach agreements faster and with less hostility.

Read: Court: Dead marriages should end, not be preserved by law

There were also calls to change public attitudes towards dispute resolution.

“Instead of saying ‘Tukutane Kortini,’ why can’t it be mediation?” posed Daisy Cherono, reflecting a growing push to normalise mediation as the first option in resolving disputes.

To deepen public understanding, the summit resolved to roll out nationwide awareness campaigns and introduce a dedicated Family Mediation Week.

“A national week dedicated to free mediation clinics, court open days and community dialogues will be established to demystify mediation and encourage uptake,” the communiqué states.

The summit also committed to protecting vulnerable groups and ensuring children’s voices are included in mediation processes.

“Guidelines will be developed to ensure children’s voices are heard in mediation in a safe, age-appropriate and rights-sensitive manner,” the statement reads.

“Protection of the vulnerable—including widows, widowers, orphans, persons with disabilities and survivors of domestic violence—will remain a priority in mediation practice,” it adds.

In a bid to improve transparency and accountability, stakeholders pledged to track progress through data.

“Quarterly data on referrals, settlements, turnaround times and user satisfaction will be published through a national family mediation dashboard,” the communiqué notes.

Legal and policy reforms are also on the horizon, with renewed calls to strengthen alternative dispute resolution frameworks.

On succession matters, the summit underscored the need for reforms to existing laws.

“Stakeholders will identify gaps in the Law of Succession Act to promote timely, cost-effective resolution of disputes,” the communiqué states.

Training and professionalism also featured prominently in the resolutions.

“Mediators will undergo structured training, mentorship and accreditation to maintain quality and consistency,” the statement reads.

Technology will also be integrated into mediation processes, albeit with safeguards.

“Emerging technologies will be adopted with due regard to confidentiality, fairness and accessibility,” delegates said.

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An implementation committee chaired by the Presiding Judge of the Family Division will oversee the rollout of the resolutions and report progress at the next summit.

The reforms signal a deliberate effort to embed mediation at the heart of Kenya’s justice system, positioning it as a practical tool for resolving disputes, strengthening families, and promoting lasting peace in society.

Justice Hellen Omondi of the Court of Appeal urged members of the Judiciary to champion dispute resolution mechanisms that protect dignity and safeguard the vulnerable.

Speaking when she presided over the official opening of the Mediation Summit 2026 on behalf of Chief Justice Martha Koome, Justice Omondi said that family disputes, whether involving matrimonial property, custody, gender-based violence, or succession, often weigh most heavily on women and children. 

She called for strong stakeholder relationships between the Judiciary, civil society, policymakers, and international partners, saying that success cannot be achieved in isolation.

“Only through collaboration can we build systems that inspire trust and deliver meaningful justice,” Judge Omondi said.

Chairman of the Judiciary Steering Committee on Mediation and Court of Appeal Judge Aggrey Muchelule said the responsibility of the Judiciary and practitioners is not just to promote mediation, but to ensure it is applied wisely, safely, and in a manner that protects the vulnerable.

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