Row erupts over who qualifies to mediate disputes in Kenya

Association of Certified Mediators chairperson  Fanya Mambo Kinuthia and Law Society of Kenya President Charles Kanjama during the interview on Spice FM on May 5, 2026. [Courtesy]

The Law Society of Kenya has questioned the regulation of mediators, as debate intensifies over who should handle dispute resolution outside the courts.

Lawyers are pushing for stricter rules that would limit mediation to advocates of the High Court.

But the Association of Certified Mediators, led by Fanya Mambo Kinuthia, argues that mediation should remain open to professionals from diverse fields.

Speaking on Spice FM on Tuesday, May 5, Kinuthia said mediation is part of Alternative Dispute Resolution (ADR) and does not require a legal background. He noted that court-annexed mediators must hold at least a university degree, but not necessarily in law.

Kinuthia holds that sometimes there are disputes that advocates may not have specific nuances of, for instance, a critical care nurse may understand better a case of someone who lost their uterus while giving birth than advocates would.

“People have disputes and are looking for a way to resolve them; they can go through litigation and find an advocate, there are things litigation can do that mediation cannot, and vice versa,” said Kinuthia.

He added that mediation complements litigation, with each serving different roles.

LSK President Charles Kanjama, however, says disputes must still be resolved within the framework of the law, regardless of the process. He argued that legal expertise is essential to safeguard parties’ rights and ensure fair outcomes.

“Even alternative dispute resolution is resolved within the framework of the law, because we need to know the rights and obligations of the parties.”

According to the Kanjama, THE ADR operates under constitutional principles and often requires legal interpretation.

“The role of the lawyer is always central, once there is a dispute that touches on matters of the law,” he said, adding that the right to be heard in a fair way while applying the law and constitution is central to all dispute resolution processes.

The LSK President further added that in many countries, mediators are lawyers trained to assess evidence and legal obligations.

The disagreement extends to oversight. Kanjama said there is no legally mandated regulator for mediators, warning that unregulated training has allowed unqualified practitioners into the field. He cited complaints from lawyers about coercion and exclusion during mediation.

“Mediation is broken, once you go through the theory into practice it is the lawyers who have been attending mediation sessions with their clients who are giving horror stories of what they are going through when they go to mediation, including coercion and exclusion of legal representation,” argued Kanjama.

Kinuthia acknowledged concerns about rogue mediators but said enforcement mechanisms exist, including a code of ethics developed by the Mediation Accreditation Committee, chaired by John Ohaga.

He pointed to the growth of mediation since 2016, saying thousands of cases have been resolved and billions of shillings unlocked into the economy, citing figures from Chief Justice Martha Koome.

The two sides also differ on proposed reforms. Kinuthia said an Alternative Dispute Resolution Bill before the National Assembly seeks to strengthen regulation but has faced resistance from lawyers, especially over proposals to make mediation a mandatory first step before litigation.

Kanjama, in response, said parties should retain the right to choose between mediation and court proceedings.