Court Annexed Mediation (CAM) was introduced by the Judiciary in an effort to alleviate case backlog and in line with Article 159 (2) (c) of the Constitution which mandates the Judiciary to promote alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.

The Judiciary has been implementing mediation as an initiative to promote Alternative Dispute Resolution (ADR) since 2016. This is in tandem with the Social Transformation through Access to Justice (STAJ) Vision which seeks to, among others, expand the doorways of justice.

There are many success stories of families that have been reunited, contractual relations that have been restored and cases that had been in court for years settled within numbered mediation sessions.

Some of the highlights of new developments in the CAM program include the gazettement of the New Court Annexed Mediation Rules, 2022 which provide for Private Mediation Agreements. This is part of the Judiciary multi door approach to access to justice. Parties can now forward private mediation agreements for registration and enforcement without having to file pleadings as they would have to in the adversarial process.

An Action Plan on implementation of CAM has been developed and is being executed. The plan aligns the outcome of the pilot and roll out courts and creates the framework for a three-year implementation plan. The Action Plan takes into consideration the current needs of CAM while considering its long-term aspirations. The Mediation manual and The Code of Ethics for Mediators are among key policy documents have been developed to support enhanced uptake and success of Mediation.

The Taskforce continues to roll out mediation in the remaining court stations and is now in the 4th phase of roll out. As at 31st March, 2024 the CAM Taskforce has overseen the establishment of Sixty (60) Mediation Registries across the Country with a current average settlement rate of 55%. The Registries support the implementation of CAM across all court levels in the station.

Over the period, 11,371 cases have been referred to CAM resulting in approximately 15 billion KES case value of the resolved matters thus improving the commercial environment. CAM has also restored over xxxx relationships between disputing families.

In the current financial year, there has been an increased uptake by 74 per cent compared to the previous reporting periods. Another success is the reduced case turnaround time to an average of 73 days. We have 1,292 accredited mediators, 661 of whom have an active status.