Alternative Justice Systems
The Constitution 2010 provides for the use of alternative forms of dispute resolution mechanisms to enhance delivery of justice to all citizens.
In March, 2016, the Chief Justice constituted the Taskforce on Traditional, Informal and Other Mechanisms Used to Access Justice in Kenya (Alternative Justice Systems), and appointed Justice (Prof.) Joel Ngugi, as its chair.
The overall task of the AJS taskforce was to formulate an appropriate judicial policy on Alternative Justice Systems and to consider the methodology and viability of mainstreaming Alternative Justice Systems; and to suggest concrete ways of doing so.
Court Annexed Mediation
Article 159 of the Constitution mandates the Judiciary to use Alternative Dispute Resolution mechanisms including Mediation. Section 59 (a) – 59(d) of the Civil Procedure 2010 Act gave a breathe of life to this Article by giving the Court powers to refer disputes to Mediation and establishing the Mediation Accreditation Committee. Guided by the foregoing, the Judiciary introduced Court Annexed Mediation on a pilot basis in April, 2016.
Mediation Accreditation Committee
The Mediation Accreditation Committee (MAC) is a committee established under section 59A of the Civil Procedure Act (Chapter 21, Laws of Kenya). The appointment of the current Committee members was made by the Hon Chief Justice through Gazette Notice No 1088 of 2015. Chaired by the Chairman of the Rules Committee, Hon Justice Alnashir Visram (JA), MAC is charged with the mandate to inter alia maintain a register of qualified mediators. The register also forms a pool from which mediators are nominated and appointed to take part in the ongoing Court-Annexed Mediation Pilot Project. The mediators are selected from interested applicants who meet Accreditation Standards set by the Committee. The process of accreditation is open and ongoing. Qualified and interested mediators are encouraged to apply
List of Mediators