Mediation in Bungoma, Kenya

The Olive Branch in Bungoma

The Olive Branch provides professional mediation services to clients in Bungoma and throughout Kenya. Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes in a region home to approximately 68 thousand, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

State Mediation Research

State Laws

Bungoma County follows the national mediation framework established under the Civil Procedure Act and the Civil Procedure (Court-Annexed Mediation) Rules, 2022. As a county, Bungoma does not have separate mediation legislation but implements the national Court Annexed Mediation programmeme through its local court stations. The county government may support alternative dispute resolution through local initiatives, but the primary legal framework remains the national laws governing mediation in Kenya.

Licensing Requirements

Mediators in Kenya must be accredited by the Mediation Accreditation Committee established under section 59A of the Civil Procedure Act. Accreditation requirements include completion of recognised mediation training, adherence to the Code of Ethics for Mediators, and successful evaluation by the Committee. Accredited mediators are enlisted in the national register and must renew their accreditation periodically. The Law Society of Kenya also provides guidelines for advocates participating in mediation.

Local Court Systems

Bungoma County is served by High Court stations and subordinate courts that implement Court Annexed Mediation. The court registry serves as the first point of contact for mediation matters. Cases are screened by court officers or judges to determine suitability for mediation. The Mediation Registry at the court station manages referrals, appointments, and compliance with timelines. The local court system follows the national structure with potential divisions for family, commercial, and civil matters depending on caseload.

Fee Structures

Court-mandated mediation fees are regulated by the Civil Procedure (Court-Annexed Mediation) Rules, 2022. The rules provide for remuneration of mediators and advocates participating in mediation. Fees are generally lower than litigation costs due to fewer court appearances and reduced legal fees. Private mediation fees vary by mediator and case complexity but are typically negotiated between parties and the mediator. The Judiciary has established fee guidelines to ensure accessibility.

Bar Association Rules

The Law Society of Kenya provides guidelines for advocates participating in mediation. Advocates are encouraged to promote alternative dispute resolution and must comply with ethical standards when representing clients in mediation. The LSK supports the Court Annexed Mediation programmeme and provides training for advocates on mediation advocacy. Bar association rules emphasise the duty to advise clients on mediation options and to act in good faith during mediation proceedings.

Regional Dispute Patterns

Land and succession disputes are common in agricultural areas, Family disputes involving inheritance and property division, Commercial disputes related to sugarcane farming and agricultural trade, Employment disputes in the agricultural and manufacturing sectors, Boundary disputes between neighbouring farms and communities, Cross-border trade disputes given proximity to Uganda

Sources

Court Annexed Mediation – The Judiciary (Government website)
The Civil Procedure (Court-Annexed Mediation) Rules, Legal Notice 145 of 2022 (Legal notice)
Judiciary rolls out Court Annexed Mediation to other regions (News article)

Kenya

Legal Framework

Mediation in Kenya follows the Constitution of Kenya 2010, specifically Article 159(2)(c) which mandates courts and tribunals to promote alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms. The Civil Procedure (Court-Annexed Mediation) Rules 2022 (Legal Notice 145 of 2022) provide the detailed framework for court annexed mediation. The Arbitration Act 1995 (Chapter 49) governs arbitration and provides framework for both domestic and international arbitration, aligned with UNCITRAL Model Law. The Judiciary has been implementing mediation as an ADR initiative since 2016 under the Social Transformation through Access to Justice (STAJ) Vision. The Civil Procedure Act provides statutory basis for court procedures including mediation. The 2022 Rules introduced provisions for Private Mediation Agreements, allowing parties to forward private mediation agreements for registration and enforcement without filing pleadings.

Court System

Kenyan courts actively promote court annexed mediation (CAM) to alleviate case backlog and expand access to justice. The Judiciary introduced CAM in 2016 and has established 60 Mediation Registries across the country as of May 2024. The process involves case filing in court, screening by registrar/deputy registrar to assess suitability, court referral to mediation, mediator appointment from accredited panel, pre-mediation conference to set ground rules and timelines, confidential mediation sessions, settlement agreement drafting if parties agree, and court adoption of agreement as binding decree. If no agreement is reached, case reverts to trial. The Taskforce continues rolling out mediation in remaining court stations and is in the 5th phase of rollout. The Action Plan on CAM implementation aligns pilot and rollout outcomes and creates framework for three-year implementation plan. Deputy Registrars and Screening Officers decide case suitability for mediation. Court Mediation Registries manage referrals, appointments, and compliance with timelines.

Mediator Regulations

The Mediation Accreditation Committee (MAC) accredits and regulates mediators in Kenya. As of May 2024, there are 1,515 accredited mediators with 835 having active status. Over 2,000 mediators have been trained, with about 900 actively serving. Accreditation requires professional training, vetting, compliance with Code of Ethics for Mediators, and ongoing development. The Judiciary has developed Mediation Manual and Code of Ethics for Mediators to support enhanced uptake and success of mediation. Mediators are neutral third parties trained in conflict management. Their duties include facilitating communication between parties, identifying underlying interests, proposing creative settlement options, and drafting clear agreements. The accreditation process is managed by the Mediation Accreditation Committee. The Judiciary maintains List of Accredited Mediators available on its website.

Cultural Approach

Kenya's cultural approach to mediation is influenced by traditional African dispute resolution mechanisms emphasising community harmony, reconciliation, and consensus-building. The Constitution explicitly recognises traditional dispute resolution mechanisms alongside formal ADR methods. The concept of 'Harambee' (pulling together) and community-based conflict resolution aligns with mediation principles. The cultural context values face-saving, maintaining relationships, and finding mutually acceptable solutions rather than adversarial outcomes. The Judiciary's STAJ Vision emphasises expanding doorways of justice and social transformation. CAM has restored over 8,115 relationships between disputing families, demonstrating cultural alignment with reconciliation values. The emphasis on reconciliation in Article 159 reflects cultural preferences for harmony over confrontation.

Typical Costs

Court-annexed mediation in Kenya is designed to be cost effective compared to litigation. The Civil Procedure (Court-Annexed Mediation) Rules 2022 provide framework for remuneration of advocates participating in mediation. The emphasis on reducing case backlog and expanding access to justice suggests cost effective approach. Private mediation through accredited mediators charges fees based on case complexity and mediator qualifications. The 2022 Rules allow enforcement of private mediation agreements without fresh pleadings, reducing costs. The economic impact is significant - over KSh 52 billion has been injected into economy through CAM settlements. The cost savings compared to litigation are substantial due to faster resolution times and reduced court procedures. The Judiciary's multi-door approach to access to justice includes cost considerations.