Kenya is facing a significant shortage of qualified mediators, a concern highlighted by various stakeholders as the demand for alternative dispute resolution services continues to climb. Despite a national population exceeding 50 million, there are only about 2,000 registered mediators. This deficit is particularly pressing given the Judiciary’s successful Court-Annexed Mediation (CAM) program, which aims to alleviate court backlogs and encourage out-of-court settlements.
Industry experts emphasize the crucial role of mediation in resolving protracted legal battles and fostering efficient dispute resolution. They advocate for proactive measures to address the current shortage.
These discussions took place at Mount Kenya University (MKU) during a graduation ceremony for 27 Certified Professional Mediators (CPM), who completed their training through the University’s Institute of International and Development Law (IIDLAW) in collaboration with Suluhu Mediation Center.
Attendees noted a drastic increase in court referrals to mediation, underscoring the need for more skilled professionals. The rising success rate in case conclusions further indicates the efficacy of mediation services.
Ferd Moyomba, IIDLAW’s training coordinator, emphasized that increasing the number of trained mediators is vital to ensuring sufficient qualified personnel across the country. “We have a shortage of mediators as a country and the fact that there so many matters dragging in courts and many files in the Judiciary being handled by mediators is a sign that there’s more that need to be done.
This is the reason why MKU through IIDLAW embarked on this programme of training mediators,” Moyomba stated.
He further elaborated that the IIDLAW mediation training program is set to expand significantly through its partnership with Suluhu Mediation Center, offering a range of programs from professional certification to specialized workshops in areas like commercial or domestic violence mediation. Training modalities include in-person, virtual, and blended formats, with some programs leading to accreditation recognized by the Kenyan Judiciary.
Senior Resident Magistrate Adelaide Sisenda, a newly graduated CPM, echoed these sentiments. She stressed the importance of mediation in assisting the Judiciary with diverse disputes, including corporate, succession, inheritance, marital, family, commercial, and trade conflicts.
“Our courts are currently overwhelmed with cases that can be settled through Alternative Dispute Resolution (ADR) processes and especially mediation. This is the only process to amicably solve disputes while ensuring that the relationship between the parties involved is not harmed in any way,” she explained.
Hon. Sisenda further called for enhanced mediator training and the establishment of a unified legal framework, such as a national Mediation Act, to promote structured growth and standardization within the profession.
She also highlighted the time and cost-saving benefits of the alternative justice system (AJS) or alternative dispute resolution (ADR), noting, “Many Kenyans are still resorting to litigation as their first option and this indicates a persistent need for greater public sensitization about the benefits of mediation.”
Maina Migwi, Director of Suluhu Mediation Center, pointed out that increasing the mediator workforce requires comprehensive strategies to build a robust mediation ecosystem. These strategies include strengthening institutional frameworks, boosting public awareness of mediation’s advantages, and developing robust training and financial support systems. He stressed, “We must establish common training standards and work with professional and academic institutions to develop and implement standardized training and accreditation programs. This is why we are working closely with MKU through IIDLAW to advance this training.”
The Chief Guest, Mrs. Christine Kungu, Chairperson of the Federation of Women Lawyers in Kenya (FIDA-Kenya), affirmed that a sufficient number of certified and qualified mediators would significantly improve access to justice for women and girls nationwide. “We have seen mediation to be a comparatively efficient mechanism for parties who wish to amicably resolve their disputes while enhancing unity and protecting the mutual relationship they have for each other,” she observed.
She concluded by urging mediators, especially new entrants, to adhere strictly to the Mediators Code of Conduct and uphold high standards of integrity in their professional practice.
