I am ready to champion for mediation bill - CJ Koome

The Judiciary is working towards ensuring that mediation is entrenched into law.

Speaking on Wednesday during the Inter-Continental Mediation Summit, Chief Justice Martha Koome said she was ready to champion the act of the mediation bill.

She said she was planning on meeting with the Speaker of the National Assembly to discuss the same.

"We are accounted in the Constitution. I am ready also to champion the act of mediation bill, in fact, tomorrow I am going to see the Speaker and have a dialogue," she said.

She noted that mediation is a constitutional imperative, which is found in Article 159 (2)(c).

It states that:

"In exercising judicial authority, the courts and tribunals shall be guided by alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3)."

Clause 3 directs that traditional dispute resolution mechanisms are not to be used in a way that contravenes the Bill of Rights, is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality.

The resolution methods should also not be used in a way that is inconsistent with this Constitution or any written law.

Koome said Kenyans ought to be empowered with legal information to know their rights and how they can seek solutions that suit their issues.

Her remarks come after Institute of Chartered Mediators and Conciliators (ICMC) chairperson Ambassador Raychelle Omamo called for the dispute resolution method to be set into law.

"Mediation must be entrenched in the law, this piece of legislation has been meandering up and down and there is a need for it to be presented before Parliament for legislation," Omamo said. 

The ICMC chair expressed enthusiasm for collaborating with the judiciary to strengthen mediation.

"ICMC is looking forward to working with the judiciary to enhance the mediation act."

Omamo emphasised the importance of parliamentary approval for any presented mediation bill, underlining its significance in advancing conflict resolution methods.

The Mediation Bill was tabled before the National Assembly in 2020, but two years later, it was withdrawn amid policy reviews.

It sought the promotion of settlement of all civil disputes through mediation.

It also sought to make regulations for accreditation of mediators, on the instances when courts can refer civil disputes to the mediation process and procedures to govern mediation.

The rules on the training, qualifications and accreditation would be drawn by a 12-member Mediation Accreditation Committee.

The Committee was among the issues the Bill sought to have, which provided reports to the Attorney General regarding mediation.