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KEPSA ENGAGES THE JUDICIARY ON MEDIATION CENTERS AND PENDING CASES
- Published On: 2022-05-17
KEPSA led by Ms. Catherine Musakali held a meeting with the Judiciary led by Hon. Elizabeth Tanui – Senior Principal Magistrate and Deputy Registrar, Commercial & Tax Division, Milimani Law Courts and Hon. Moses Wanjala – Magistrate, Registrar of Mediation Accreditation Committee & Rules Committee on Tuesday, 17th May 2022. This was a follow-up meeting of the Chief Justice Roundtable held in March 2022.
Key updates received were on the progress of the cases pending for more than 10 years which were submitted by KEPSA to the Judiciary and the status of the private mediation centres.
On the pending cases, Hon. Tanui gave a status report of 57 cases at the Milimani High Court Commercial & Tax Division out of 333 list of cases submitted to the Judiciary during the recent KEPSA-Chief Justice Round table (CJRT) meeting held on 15th March 2022. Out of the 57 cases, 21 have been concluded, status of 8 yet to be established while 28 are still pending.
The feedback and progress on the rest of the cases will be given during the next meeting between KEPSA and the Judiciary scheduled before the next CJRT to be held in the second half of the year.
On the other hand, Hon. Wanjala updated that the Draft Mediation Rules 2022 are now at the Office of the Attorney General (OAG) as an administrative procedure in the elaborate gazettement process of any statutory instrument. The OAG will then finalize on the final copies for signature by the Hon. Chief Justice and President of the Supreme Court, before the Rules are officially gazetted.
The Part on enforcement of Private Mediation Settlement Agreements is the most critical for the private sector since settlement agreements reached at the Mediation Centre will be processed under that Part.
He encouraged KEPSA to have their own panel of mediators to work with the Judiciary to develop a criterion and guidelines that suits them, then forward the list of mediators to the Judiciary so that they are also accredited by the Judiciary, make adoption of mediation agreements easy and have a structured way of handling mediation.
Breakdown of the files pending for more than 10 years
| COURT STATIONS/DIVISION | No. of Matters | COURT STATIONS/DIVISION | No. of Matters | ||
| 1. | Chuka Chief Magistrates Court | 1 | 15. | Meru Law Courts | 4 |
| 2. | Isiolo Law Courts | 1 | 16. | Kericho Law Courts | 5 |
| 3. | Kakamega Law Courts | 1 | 17. | Nairobi Employment and Labour Relations Court | 6 |
| 4. | Kerugoya Law Courts | 1 | 18. | Kisii Law Courts | 6 |
| 5. | Migori Law Courts | 1 | 19. | Nakuru Law Courts | 9 |
| 6. | Oyugis Law Courts | 1 | 20. | Nyeri Law Courts | 9 |
| 7. | Winam Law Courts | 1 | 21. | Court of Appeal – Nairobi | 11 |
| 8. | Bungoma Chief Magistrates Courts | 2 | 22. | Kisumu Law Courts | 14 |
| 9. | Constitutional & Human Rights Division | 2 | 23. | Milimani Civil Division | 14 |
| 10. | Embu Law Courts | 2 | 24. | Milimani Commercial Magistrates Courts | 19 |
| 11. | Machakos Law Courts | 2 | 25. | Nairobi Environment & Land Court | 23 |
| 12. | Murang’a Law Courts | 2 | 26. | Mombasa Law Courts | 23 |
| 13. | Kajiado Law Courts | 3 | 27. | Eldoret Law Courts | 27 |
| 14. | Kitale Law Courts | 4 | 28. | Milimani High Court Commercial & Tax Division | 57 |
| 29. | Court Stations/Divisions not specified | 82 | |||
| TOTAL | 333 |