Critical Analysis of Court-annexed Mediation in Promoting Access to Justice in Kenya

Abstract

Court annexed mediation, (CAM) is a method of dispute resolution with the potential of achieving better in the Kenya civil justice system. Its effects are, however, yet to be fully realized: Case backlog in Kenya continues to rise steadily, the mediation settlement rate remains average; case backlog shifts slowly from court to mediation. This study analyses the impact of CAM in the Kenya Civil justice system. The challenges hampering the smooth implementation of CAM are discussed. These range from institutional, attitudinal to procedural. A case study of Nigeria and Ghana is conducted while highlighting Possible lessons for Kenya while implementing CAM. The study used qualitative research methodology in collecting data to analyse the impact of CAM, challenges hampering its smooth implementation as well as recommendations to ensure CAM achieves better results in terms of access to justice. Questionnaires were distributed to the following key respondents: judicial officers, advocates, mediators, mediation clerks as well as disputants who have interacted with CAM processes. The study establishes that introduction of CAM into the civil justice system has lessened the period of resolving disputes, reduced dispute resolution costs, created flexibility in dispute resolution processes as well as improved unity and cohesiveness among disputants. The study further reveals the existence of challenges facing the implementation of CAM. Greater results will be achieved when the challenges are addressed. It is recommended that CAM be supported by way of capacity building, resource mobilization and allocation, training and involvement of all stakeholders as well legislating laws and rules regulating its processes. Ratification of international instruments will go a long way in strengthening the legal framework for CAM in Kenya