Judiciary to foster alternative mechanisms to clear backlog says CJ Willy Mutunga

NAIROBI, KENYA: Chief Justice Willy Mutunga has said the Judiciary is taking concrete steps for faster adoption of Alternative Dispute Resolution (ADR) mechanisms to reduce the backlog of cases in courts.

Dr Mutunga said embracing alternative means of settling disputes saves litigants the agony of spending huge sums of money on legal fees and related costs. "There are far too many disputes that do not require litigation clogging up the courts," he said.

The CJ reiterated that Kenya is lagging behind its East African neighbours, who have introduced mediation as a compulsory step in the civil case process.

He said the country is expected to follow suit by introducing a pilot scheme initially into the commercial and family divisions of the High Court early next year before the roll-out to all High Court divisions and stations countrywide.

"The roll-out will include the Environment and Land Court as well as the Industrial Court but later on, Magistrates courts will be included in the loop once the mediation accreditation committee is satisfied about the training and experience of a court approved panel of mediators," he added.

Mutunga was speaking during the first East African ADR summit in Nairobi, which brought together senior government officials, judges, lawyers and other stakeholders from the East Africa region and beyond.

The two-day event organised by the Kenya Judiciary Training Institute in partnership with the Negotiation and Conflict Management Group International is meant to discuss ADR and the rule of law for the prosperity of East Africa. Mutunga noted that ADR plays a critical role in resolving political conflicts such as those emanating from political party nominations, among others. He said it is important ADR mechanisms be developed to bolster investors' confidence and facilitate dispute settlements by local and foreign investors.