By Moses Maranga

Mediation— a structured process in which a neutral third party helps disputing individuals or groups reach a mutually acceptable and lasting resolution—has been strongly embraced by the Abagusii Cultural and Development Council (ACDC) as a vital tool for peacebuilding.

This approach gained prominence after the community realized that court adjudication often left lingering hostility, particularly when the parties involved were family members or close relatives. When one side lost a legal case, resentment often festered.

Tensions worsened when the losing party later appealed and won, further fueling acrimony.

Litigation, while legally binding, is often time-consuming, expensive, and emotionally draining.

It also suffers from practical setbacks, such as the death of key witnesses before they can testify, delaying or denying justice.

Recognizing these flaws, the ACDC welcomed the government’s introduction of the Court-Annexed Mediation (CAM) process.

In response, the Council formed a specially trained team familiar with the community’s recurring conflicts—land disputes, boundary disagreements, and issues tied to cultural norms.

Confronting the challenge

To ensure professionalism and credibility, these mediators, including respected women, were enrolled in university programs and obtained degrees in mediation and dispute resolution.

Today, these mediators handle a range of cases, from domestic conflicts and land ownership disputes to business disagreements and workplace tensions.

They also address community-wide conflicts and family disagreements. Unlike judges, mediators do not impose rulings.

Instead, they facilitate dialogue, helping disputing parties find their own solutions—solutions that all sides agree to and are bound to respect.

The mediation process promotes a win-win outcome.

No one is declared a winner or loser. Once parties reach a resolution, they typically do not appeal or return to court, having collectively agreed to the terms.

This approach has been remarkably effective: by May 2024, Kenyan courts referred approximately 18,368 cases to the CAM process between January and April, representing 57.89% of all civil cases during that period.

Decongesting the courts

These mediations resolved disputes valued at KSh 52.2 billion and helped restore over 8,000 relationships within feuding families.

Court congestion has been significantly reduced, allowing the judiciary to focus more resources on serious criminal matters.

The Judiciary has so far established 60 mediation registries across the country and accredited over 1,500 mediators.

Of these, 835 are actively engaged, according to the Kenya Judiciary Report.

Samuel Angwenyi, Secretary General of the ACDC, acknowledges the important role women have played in mediation, especially after receiving rigorous training in conflict management.

Among the accredited mediators is Sarah Keraro, a retired teacher and member of the Abagusii Mediation Association.

After retiring in 2014, Keraro pursued a degree in Peace and Conflict Studies at Kisii University, graduating with First Class Honours in 2017.

She was one of only five women in a class of 33.

Keraro has handled a wide range of disputes, including succession cases and child neglect—issues that frequently arise in the community.

She emphasizes how land disputes, especially those involving title deeds, can drag on in court for years.

Yet, under mediation, such matters are often resolved within three weeks.

Kisii University, under the leadership of former Vice Chancellor Prof. John Akama, sponsored a group of elders to study conflict resolution.

This initiative sought to address long-standing tensions between neighboring communities—including the Kisii, Kuria, Luo, and Maasai—and foster peaceful coexistence.

In Kisii County alone, there are now more than 3,000 accredited mediators working to ease the backlog of court cases.

The Abagusii Mediation Association, led by Chairman John Onyiego, Organizing Secretary Fred Ontere, and Treasurer Sarah Keraro, has become a cornerstone in local peacebuilding efforts.

Since its inception in 2018, the association has resolved approximately 80% of its cases out of court.

According to Keraro, the flexibility of mediation empowers parties to negotiate and arrive at binding decisions.

The process is confidential, allowing disputants to open up about sensitive matters in a safe environment.

Once an agreement is reached, it is presented to the court and becomes legally binding—without the possibility of appeal.

Access to justice

Mediation encourages collaboration and preserves relationships by reducing hostility.

Cases are typically resolved faster than traditional court trials, ensuring quicker access to justice.

Beyond court-referred cases, the association also handles private mediations at the village level.

They intervene early—often during local public forums (barazas)—to sensitize villagers about resolving disputes amicably before they escalate.

However, the mediation process faces several setbacks.

Most notably, mediators lack appropriate facilities within court premises.

Without dedicated space, they are often forced to conduct sessions in tents, which compromises privacy.

Additionally, the government has not compensated mediators for completed cases since 2023, leading to declining morale.

Cultural and legal obstacles also persist. In the region’s traditionally patriarchal society, many men remain skeptical of women mediators.

Power imbalances—especially in disputes involving financially dominant parties—can also undermine fairness.

Furthermore, mediation may not be effective for complex legal matters requiring judicial precedent or for criminal cases where public interest is paramount.

To enhance justice delivery, the Abagusii Mediation Association plans to involve more women in mediation roles.

Empowering women financially and integrating them into decision-making processes at all levels of society is seen as essential.

Kepher Ombui, an advocate of the High Court, notes that even lawyers can serve as mediators when parties request court-sanctioned mediation.

However, he cautions that if one party fails to honor the agreement, the matter may return to court.

Another advocate, George Morara, adds that judicial officers allot mediation cases a 60-day timeline for resolution.

He affirms that mediation has played a significant role in decongesting courts and promoting peaceful coexistence among communities.