For decades, Kenya’s justice system has been burdened by clogged courtrooms, massive case backlogs and long waits for rulings. Yet, a quiet revolution is unfolding, one reshaping the meaning of justice itself.
Through mediation, thousands of disputes that once lingered in court corridors are now being resolved in weeks. This shift, structured under the Court Annexed Mediation (CAM) framework, is rewriting the country’s story of justice: faster, cheaper and more humane.
When the Judiciary institutionalised mediation in 2016 under Article 159 of the Constitution, its goal was to decongest the courts and restore public confidence in the justice system.
The impact has been remarkable. Since inception, over 18,000 cases have been referred to mediation and about 16,770 successfully resolved in an impressive 92 percent success rate, according to official Judiciary data.
Across the country, thousands of litigants are now finding relief without stepping into a courtroom. Cases that would have dragged on for years are being concluded in under three months.
“The average mediation takes between 36 and 73 days,” notes the Judiciary’s Mediation Secretariat, a fraction of the time traditional litigation requires.
Calm resolve in Kisumu: Grassroots justice in action
At the community level, the ripple effects are equally visible.
In Kisumu County, Samson Oloo Ouma, who works with Calm Resolve Hub, a grassroots mediation and conflict resolution centre, says the results speak for themselves.
“Out of 54 cases we’ve handled so far, about 60 percent have been successfully solved through mediation,” Oloo explains. “Most of these involved family disputes, land conflicts and small business disagreements. People are now realizing that not every problem needs to end up in court.”
His decades of experience mirrors the national trend: citizens are increasingly embracing mediation as a faster, friendlier route to justice.
Ouma adds that mediation restores relationships rather than destroying them. “When parties talk, they heal. The process gives ownership of the outcome with no winners or losers, just resolution,” he says.
The ripple effect of mediation has been transformative.
By diverting thousands of cases away from litigation, the Judiciary has freed judges and magistrates to focus on complex or precedent-setting cases. Court rolls that once overflowed with civil, family and commercial disputes are now noticeably lighter.
Over KSh 52 billion has already been released back into the economy through mediated settlements, according to Chief Justice Martha Koome, who has championed ADR as a cornerstone of judicial reform.
This approach is also expanding geographically. Court-annexed mediation registries are now active in dozens of counties, including Kisumu, Kakamega, Mombasa, Nakuru and Nyeri, ensuring that access to justice is no longer confined to the big cities.
Faster, cheaper and more humane
Speed is one thing; human connection is another. Mediation saves money, but also dignity.
Parties agree privately, confidentially and without hostility. There are no winners or losers, only consensus. In family disputes, especially, mediation helps preserve relationships that litigation often destroys.
Advocate Jane Kuke, a practitioner in civil mediation, notes that mediation’s biggest value lies in its human touch. “It respects relationships. It gives people closure, not just a judgment,” she says.
Public sentiment: Shifting from the gavel to the table
Public attitudes toward justice are also shifting.
A Judiciary survey shows that while only about 10 percent of Kenyans with disputes pursue formal litigation, a growing majority of over 70 percent, now turn to mediation, negotiation, or simply seek local reconciliation mechanisms.
Chief Justice Koome has acknowledged this trend, noting that most Kenyans today prefer resolving disputes through Alternative Dispute Resolution (ADR) because of its affordability and speed.
In communities such as Kisumu, Samson Ouma observes that trust in mediation grows each time it succeeds. “Once people experience how fast it works, they spread the word. Mediation is becoming the new norm of justice,” he says.
Despite its success, mediation still faces hurdles, from limited public awareness to uneven training of mediators and gaps in regional infrastructure.
Experts warn that for mediation to truly replace litigation as a first option, continuous sensitization, better remuneration for mediators and community education are key.
But even with those challenges, the trajectory is clear: Kenya’s justice system is learning to deliver peace without punishment and justice without delay.
A new dawn for justice
The numbers tell a story of progress; the people tell a story of hope.
From the halls of the Supreme Court to the quiet mediation rooms of Kisumu, a revolution in justice is unfolding faster, fairer and firmly grounded in dialogue.
As Samson Ouma’s Calm Resolve Hub shows, when people choose conversation over confrontation, the outcome is not just resolution, but restoration.
The gavel no longer needs to fall for justice to rise.
