Mediation

Kenya Judiciary and Law Society Address Tensions Over Non-Lawyer Mediators

Published 2026-05-28 1 source Accreditation Court Annexed Mediation Kenya Legal Profession Mediation

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TL;DR

  • Tension arose between the Judiciary and the Law Society of Kenya (LSK) over non-lawyer mediators.
  • Lawyers expressed concerns about mediation reducing traditional legal work and income.
  • The Judiciary and LSK signed a joint communiqué to address accreditation, remuneration, and oversight.
  • A technical committee will develop recommendations within 45 days.

Overview

The Kenya Judiciary and Law Society of Kenya (LSK) are engaged in urgent negotiations following a dispute over the role and regulation of non-lawyer mediators within the Court-Annexed Mediation programme. Lawyers have raised concerns about mediation potentially diminishing their professional work, while both parties seek to balance the growth and integrity of mediation in the justice system.

What Happened

Tensions emerged after non-lawyer mediators began taking a growing role in cases traditionally handled by legal practitioners, especially in commercial, land, and property disputes.

The Law Society of Kenya objected to judicial directions requiring clients' participation in mediation proceedings led by non-lawyers, citing legal profession regulations and concerns over mediator competence and remuneration.

Urgent negotiations followed, resulting in a joint communiqué at Milimani Law Courts, where both institutions agreed to review mediator accreditation, payment practices, transparency in case allocation, and advertising regulations.

A joint technical committee was established to propose an action plan within 45 days, and new ADR legislation is being considered with input from the Attorney-General.

Context

Court-Annexed Mediation (CAM) in Kenya was introduced to expedite dispute resolution, reduce court backlogs, and foster amicable settlements, with the programme having resolved disputes worth over Sh52.2 billion since 2016.

Currently, there are 1,515 accredited mediators nationwide, with mediation services available across all courts and covering a wide range of dispute types. Mediators are paid a fixed amount per case, regardless of the dispute's value.

Why It Matters

  • The dispute highlights challenges in integrating non-lawyer mediators into the formal justice system, balancing efficiency and public confidence with the interests of legal professionals.
  • The resolution of these issues may influence the future structure, oversight, and regulation of mediation in Kenya's judicial process.

Sources

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