In a bid to reduce backlog of court cases, the Judiciary in Kilifi County has adopted the Court annexed mediation as an Alternative Dispute Resolution (ADR).
The court-annexed mediation is proving to be successful due to the short time it takes to finalize cases.
Normally the cases are supposed to be resolved within 60 days as opposed to the cases being handled in courts which at times takes years to be completed.
Authorities cited the court process in the country as the main setback in the completion of cases as some take even decades in court.
The Process Will Save Time
The ADR was launched last year in Malindi and is now going on in Kaloleni law courts which is under Kilifi county.
Kilifi county Resident Judge Justice Reuben Nyakundi called on Kenyans to embrace alternative justice system such as arbitration, mediation, and traditional methods that are enshrined in the constitution.
Speaking during the official launching of the Alternative dispute resolution week in Kaloleni law courts he said the judiciary was not the only forum of delivering justice.
Justice Nyakundi said there is a need to apply a multi law approach and open marked doors in the physical courts for screening so as to make Kenyans feel to be part of the justice system.
“This will save time and also, bring reconciliation among litigants because some criminal cases are non-serious offenses such as first offenders of cases like creating disturbance among many others,” he said.
Trained Advocates
So far over 60 advocates have been trained on the process and they will work as mediators in the process.
Malindi Law Court deputy registrar Ivy Wasike said under the court-annexed mediation parties resolve their disputes with the assistance of a third party called mediators.
Wasike said the outcome of the mediation must be consented to by both parties.
“The court-annexed mediation had proved to be time-saving, less costly and offers a permanent solution to societal problems,” she said.
The Deputy registrar said they have already established court-annexed mediation registries in Malindi Kilifi and Mariakani where cases are screened and referred to mediation.
She said they have been doing sensitization which is still going on which is bearing fruits as parties and advocates have expressed willingness to go for alternative dispute resolution.
Wasike said cases that are handled by court-annexed mediation include those involving land, children, employment and labor relations among others.
So far, she said they have registered over 15 cases since they launched the process last year. At the opening, they had only 10 cases.
She said at the registry they normally screen all matters filed before the courts and for those that qualify for mediation, they talk to litigants to begin the process which is concluded within two months.
Wasike said they will continue to sensitize people to embrace the court-annexed mediation for faster, effective and efficient disposal of cases.
“We have several labor relations cases that have been concluded and have been filed in court for judgment. The disputes in such cases are usually about pay from employers and are filed as abuse and unfair termination but the companies are willing and are negotiating,” she said,.
On family matters, she said when the cases come to court, even parties ruled in their favor feel not satisfied but the essence of mediation is to bring parties to talk and to iron out the underlying issues.
Principal Magistrate at the Kaloleni law courts Njambi Wasige said they identified 30 cases for mediation during the first day of the court-annexed mediation at the facility
The cases she said are related to land, family, civil cases, and labor relations which had been forwarded for mediation.
She said if the matters can be mediated on it will be easy and win-win as opposed to when parties go to court and fail to convince the court and their case is dismissed.
“Mediation gives parties an avenue to involve themselves in the process and their considerations are considered as opposed to the court where only evidence is adduced,” she said.
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On her part Shillah Mugambi, a certified court annex mediator said that in the next one year the mediation process will have been understood by Kenyans.
She said the move will help address the problem of case backload in the judicial system because the Court Annexed Mediation is legally binding and is conducted under the umbrella of the court.
Mugambi said they also plan to go to Lamu and Tanariver counties to introduced the court-annexed mediation.
Cecil Miller Awach of the Miller John and Gakonde Advocates in Mombasa said that lawyers are now embracing mediation which is opposed to the beginning when the process was first introduced.
He added that advocates initially thought mediation will deny them legal fees but after sensitization, the tide changed.
