Settling a dispute through elders, mediation or arbitration instead of court
Constitution of Kenya 2010 · sources read 5 Oct 2026
Yes. The Constitution requires courts and tribunals to promote reconciliation, mediation, arbitration and traditional dispute resolution such as elders. Traditional methods cannot be used in a way that breaks the Bill of Rights, is repugnant to justice and morality, or goes against the Constitution or any written law.
- Deadline
- 3 months from receiving an arbitration award to apply to the High Court to set it aside.
- Where
- The court where your case is filed (Court Annexed Mediation registry); a private mediator or arbitrator; recognised community elders
What you need
- To enforce an arbitration award: the original award and the original arbitration agreement (or certified copies)
Steps
- The court can send your case to mediation if both sides ask, if it thinks mediation suits the case, or if the law requires it. You then pick a mediator from the official mediation register.
- If your case is in court, it may go to the Judiciary's Court Annexed Mediation, which works at all court levels in all 47 counties.
- If you settled through a private mediator, you can send the agreement to court for registration and enforcement without filing a full case.
- For land disputes, the law encourages communities to use recognised local community initiatives, and the National Land Commission encourages traditional dispute resolution.
- If you signed a contract with an arbitration clause and the other side sues you in court, ask the court to stop the case and send it to arbitration. Do this no later than when you enter appearance or first respond to the claim.
- To enforce an arbitration award, apply in writing to the High Court with the original award and arbitration agreement, or certified copies.
Watch out
- An elders' decision that breaks the Bill of Rights or any written law is not allowed.
- Community land solutions must be consistent with the Constitution.
- A court-annexed mediation agreement, once registered, is enforced like a court judgment and cannot be appealed, so read it carefully before you sign.
- A private mediation agreement must be in writing to be registered and enforced by the court.
- You cannot appeal an arbitration award in the usual way. The only route to the High Court is an application to set it aside, and only on the limited grounds the Arbitration Act lists.
Who this covers
- Anyone with a dispute before, or going to, a court or tribunal.
Official sources (4)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Court Annexed Mediation judiciary.go.ke · read 2 Oct 2026
- Civil Procedure Act (Cap. 21) new.kenyalaw.org · read 5 Oct 2026
- Arbitration Act, 1995 (No. 4 of 1995) new.kenyalaw.org · read 5 Oct 2026