In a bid to reduce the backlog of cases in courts, the Kenyan judiciary has partnered with community elders to help families in North Rift resolve inheritance disputes through mediation. Over 60 community leaders from the Kalenjin Council of Elders have been accredited by the Judiciary to provide Alternative Justice Systems (AJS). These elders have successfully resolved over 1,200 disputes through mediation in the past year, many of which involved long-standing land disputes.
The move is aimed at encouraging families to seek alternative dispute resolution methods rather than waiting for court cases to be resolved, which can take decades. Judge Charles Yano of the Environment and Land Court in Eldoret said inheritance disputes are among the causes of the backlog of cases in the region. He urged families to embrace mediation, saying it is a faster and more cost-effective way to resolve disputes.
Some of the high-profile inheritance disputes in the region include those involving the estates of politician and farmer Jackson Kibor and John Kiplagat Kibogy. Their children have been in court for over 10 years disputing properties worth over Sh15 billion. The Law Society of Kenya (LSK), North Rift branch, is supporting the initiative and has launched campaigns to sensitize elders, religious leaders, and other stakeholders on the importance of mediation.
The LSK North Rift branch chair, Oscar Oduor, said the mediation process can help families resolve inheritance disputes in accordance with the law. Daniel Tariko, chair of the Uasin Gishu mediation council, said agreements reached through mediation can be adopted by courts as official orders, providing a way for heirs to secure their inheritance.
The use of community elders in mediation is seen as a way to provide a speedy and affordable way to resolve disputes, reducing the financial burden and emotional strain on families. The Kalenjin Council of Elders has been at the forefront of promoting mediation as a way to resolve disputes, and their efforts have been recognized by the Judiciary.
The mediation process is also seen as a way to promote reconciliation and restore relationships among family members. By involving community elders, families can seek guidance and wisdom from respected members of their community, helping to rebuild trust and foster cooperation.
As the initiative gains momentum, families in North Rift are being encouraged to seek mediation as a way to resolve inheritance disputes. With the support of community elders and the Judiciary, it is hoped that many of these disputes can be resolved amicably, reducing the backlog of cases in courts and allowing families to move forward.
Key points
- The Kenyan judiciary has partnered with community elders to provide mediation services to help families resolve inheritance disputes.
- Over 60 community leaders have been accredited to provide Alternative Justice Systems (AJS) and have successfully resolved over 1,200 disputes through mediation.
- The mediation process can help families resolve inheritance disputes in accordance with the law, reducing the financial burden and emotional strain on families.
