Mediation unlocks Sh96bn as more Kenyans ditch court battles

More than Sh96 billion has been released back into the Kenyan economy as thousands of disputes, many involving families and businesses, are increasingly being resolved outside traditional courtrooms through mediation and other alternative justice mechanisms.

According to official records, between 2016 and 2025, a total of 35,731 cases were referred to mediation across the country, reflecting the growing acceptance of the system.

Through the Court-Annexed Mediation Programme, over Ksh68.9 billion has been unlocked to the economy.

Court Annexed Mediation has been rolled out in 41 counties and efforts are being made to bridge the gap in the remaining six counties, with 63 Mediation Registries supporting more than 118 courts having been established.

The Employment and Labour Relations Court (ELRC) has, over the last decade, leveraged mediation to resolve some of the most complex labour disputes.

Unlike traditional litigation, which often exacerbates the adversarial nature of disputes, mediation fosters a collaborative environment where parties can explore mutually beneficial solutions.

In its budget report for the financial year 2026/ 2027, the judiciary says that court-annexed mediation was operationalized in 14 courts, namely Isiolo, Ruiru, Kamwangi, Githunguri, Lodwar, Kakuma, Lokichar Mobile Court, Kwale,  Msambweni, Lokitaun Mobile Court and Kilgoris.

“ During the period under review, a total of 9, 823  were referred to mediation out of which 61.3 per cent were successfully settled, resulting in the release of 26.7 billion to the economy,” the report states.

According to the Judiciary’s 2025–2026 budget estimates, 6,136 cases were referred to Court Annexed Mediation (CAM) during the year under review, with 5,418 disputes concluded, a settlement rate of 55.9 per cent.

Judicial leaders say many of the cases handled through mediation involve family disputes, inheritance disagreements and commercial disagreements that often take years to resolve through litigation.

Speaking during the National Mediation Open Day at Kibera Law Courts, High Court Principal Judge Eric Ogola said mediation is proving particularly valuable in disputes involving families.

“The theme of this year’s event, ‘Bridging Divides: The Role of Mediation in Family Disputes,’ reflects the need for dispute resolution processes that prioritise dialogue, understanding and mutually acceptable outcomes,” Justice Ogola said.

He noted that while traditional litigation can sometimes deepen conflict, mediation offers a collaborative process that allows parties to discuss their differences and reach mutually beneficial agreements.

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Justice Ogola emphasized that mediation also protects the family unit, which is recognized by the Constitution as the fundamental building block of society.

“The Constitution recognizes the family as the natural and fundamental unit of society and calls for its protection,” he said, noting that mediation provides an opportunity for reconciliation in disputes that are often sensitive and deeply personal.

The Judiciary has been expanding mediation services across the country as part of its strategy to make justice more accessible and efficient.

Nine new mediation registries were established in courts in Homa Bay, Voi, Garissa, Kenol, Isiolo, Marsabit, Makueni, Nyahururu, and Narok.

The Judiciary says the expansion has made mediation services more accessible to communities that previously had to rely solely on court hearings.

Alongside mediation, the Judiciary has also expanded Alternative Justice Systems (AJS), which rely on community-based dispute resolution mechanisms.

Also Read: Case backlogs still a pain 15 years after 2010 Constitution

AJS programs encourage communities to resolve certain disputes through dialogue and traditional conflict resolution methods while still adhering to constitutional principles and human rights standards.

During the 2025/2026 financial year, 1,256 cases were referred to Alternative Justice Systems.

Of these, 1,073 cases were successfully resolved, translating to an 85 per cent success rate.

This represents a major improvement from the previous year, when the success rate stood at 41 per cent.

Judicial officials say the strong results demonstrate growing public trust in community-based dispute resolution mechanisms.

Technology is also playing a key role in transforming Kenya’s justice system.

Through the Mahakama Popote initiative, judicial officers stationed in courts with lighter workloads can hear cases filed in busier courts through virtual hearings.

The programme allows cases to be redistributed across the country without requiring judges or litigants to travel long distances.

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During the year under review, 7,665 cases from busy courts, including Milimani Commercial Court, Mombasa Magistrates Court, Nairobi Small Claims Court, and Thika Small Claims Court, were distributed to judicial officers in other stations.

Out of these, 6,269 cases were successfully resolved.

The Judiciary says the initiative has helped reduce case backlogs while ensuring better utilization of judicial resources across the country.

Deputy Chief Justice Philomena Mwilu said judges and magistrates must embrace their expanded role under the multi-door justice framework.

“You have engaged with the multidoor approach to justice, including court-annexed mediation and alternative justice systems,” she said last week while closing an induction training of 98 newly recruited Resident Magistrates, who will also double up as Small Claims Court Adjudicators.

She urged judicial officers to see themselves not only as adjudicators but also as facilitators of dialogue and reconciliation within communities.

“Appreciate your role, as required under our transformative Constitution not just as an adjudicator, but also being a facilitator of dialogues to bridge divides in the community by going upstream to prevent conflict,” she said.

The Deputy Chief Justice added that judicial officers must actively promote social harmony and reconciliation.

“You must deliberately contribute to the creation of a more peaceful, just and harmonious society through proactive and inclusive justice practices.”

To increase awareness of mediation services, the Judiciary has been organizing outreach events across the country.

One such initiative is the National Mediation Service Week, which was held in courts nationwide from March 9 to March 13, 2026.

The event aims to educate the public about the benefits of mediation and encourage parties to consider alternative dispute resolution before resorting to lengthy court battles.