NAIROBI, Kenya — LSK President Charles Kanjama has raised concerns over alleged irregularities in court-annexed mediation, warning that emerging practices risk undermining the integrity of Kenya’s justice system and the role of advocates.
In a strongly worded statement to members of the Law Society of Kenya on Monday, Kanjama said developments within mediation processes have “touched a raw nerve,” particularly where legal standards and professional boundaries appear to be blurred.
He cited multiple concerns reported by advocates, including mediation proceedings being conducted without lawyers, even where parties are represented, and instances where mediators allegedly venture into areas reserved for legal practitioners.
“There are real issues on the ground,” Kanjama said, pointing to claims of mediators offering legal advice, drafting legal documents, and in some cases issuing directions akin to judicial authority.
He further warned of irregular settlements entering the adjudication system, as well as allegations of client solicitation and imposition of legal fees by non-advocate mediators—practices that could contravene existing legal and professional frameworks.
“Coercion and pressure on parties to adopt settlements that are neither fair nor properly advised” were also flagged as part of the growing concerns.
Kanjama stressed that court-annexed mediation was designed to complement, not replace, the formal justice process. He warned against what he termed the emergence of a “parallel system” where legal safeguards are weakened.
“Where a matter is already before a court of law, where rights are being determined, the involvement and oversight of advocates is not a luxury. It is an essential,” he stated.
The LSK president anchored his position in constitutional principles governing the administration of justice, including the right to fair hearing and professional accountability within the legal system.
He outlined a reform agenda aimed at restoring order and clarity in mediation practice. Among the proposed measures are stricter enforcement of standards for referral and accreditation, strengthening disciplinary oversight, and ensuring that legally complex matters are handled by qualified advocates.
Kanjama also called for the expansion of advocate-mediators and the establishment of structured mediation units within LSK branches to improve coordination and quality control.
“We must build a solid and lasting structure for court-annexed mediation, not just resist,” he said.
At the same time, he urged unity within the legal profession, cautioning against internal divisions that could weaken collective efforts to address the issue.
“The space of advocates shall not be surrendered… not in mediation, not anywhere,” he declared.
The remarks come amid ongoing debates within Kenya’s justice sector on the scope and regulation of alternative dispute resolution mechanisms.
Court-annexed mediation, introduced under the Judiciary’s reforms to enhance access to justice and reduce case backlogs, has increasingly become a central feature of civil dispute resolution.
However, Kanjama’s statement signals growing unease among legal practitioners over its implementation, with calls for clearer boundaries to ensure that efficiency gains do not come at the expense of due process and professional standards.
The LSK now appears poised to engage the Judiciary on enforceable guidelines, setting the stage for possible policy and regulatory adjustments in how mediation is conducted within Kenya’s courts.
