If your case is filed in the Nairobi courts, do not be surprised if one of the first directions sends the parties to mediation. Court-annexed mediation is now an ordinary feature of civil litigation in Kenya, and understanding how it works helps parties use it well rather than treat it as a delay.
What is court-annexed mediation?
Court-annexed mediation is mediation conducted under the supervision of the Judiciary. The Judiciary’s court-annexed mediation programme screens suitable civil cases at filing and refers them to an accredited mediator, under the court-annexed mediation practice directions and the Civil Procedure Act (Cap 21). The mediation runs alongside the litigation timetable rather than replacing it, and the court retains oversight until the dispute is concluded.
Which cases are referred to mediation in Nairobi?
The Nairobi registries screen civil matters as they are filed. Commercial claims, land and environment disputes, employment matters, and debt claims are commonly referred, unless the case turns on a point of law that needs determination, involves a party who cannot give consent, or falls outside the suitable categories. Parties may also request referral by consent.
What happens during and after the sessions?
Sessions follow the familiar mediation structure: opening statements, joint discussion, private caucuses, and negotiation of terms. The mediator is drawn from the Judiciary’s panel of accredited mediators, and sessions are convened at the court’s mediation facilities or as directed.
If settlement is reached, or not
A settlement recorded in mediation may be adopted as a judgment of the court, giving it the same force as any other decree. If no settlement is reached, the mediator notifies the court and the case returns to the litigation track.
- Confirm before the first session who will attend with authority to settle.
- Assemble the key documents early: contracts, correspondence, accounts, titles.
- Take advice on your realistic alternative if the mediation does not settle.
- Treat the discussions as confidential, as the practice directions require.
Our arbitration and ADR lawyers in Nairobi act for parties in court-annexed mediation and advise on the referral process; our practice areas describe the firm’s dispute resolution work in full.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation with a certified mediator at our Westlands, Nairobi office.