Borstal Brass Band Members of the Kenyan Judiciary, Officials of the Tononoka Children’s Court, Advocates, Mediators, Court Users and children, led by the boys of the Borstal Brass Band, walked through the streets of Mombasa to let the public know about the launch of Court Annexed Mediation.
Members of the Kenyan Judiciary, Officials of the Tononoka Children’s Court, Advocates, Mediators, Court Users and children Members of the Kenyan Judiciary, Officials of the Tononoka Children’s Court, Advocates, Mediators, Court Users and children, led by the boys of the Borstal Brass Band, walked through the streets of Mombasa to let the public know about the launch of Court Annexed Mediation.
Hon. Justice Fred Ochieng Judges of the High Court of Kenya attended the Court Annexed Mediation Launch at the Tononoka Children’s Court in Mombasa. Close to the camera, Hon. Justice Fred Ochieng, Chair of the Court Annexed Mediation Task Force.
Children from the Mji wa Usalama Rescue Institution joined the roll-out of Court Annexed Mediation at Tononoka Children’s Court in Mombasa.
Hon. Justice Fred Ochieng, Chair of the Court Annexed Mediation Taskforce “You know, some things can only work if you are passionate about it. And I am passionate about mediation,” Hon. Justice Fred Ochieng, Chair of the Court Annexed Mediation Taskforce, said. “I tell lawyers: “think about the joy of your client who has found a solution for their problem.
Hon. Justice Fred Ochieng, Chair of the Court Annexed Mediation Taskforce “The court did not shut the clients out. The court only opened another door and said, “going through this room, we will give you someone called a Mediator, who will hold your hand and who will encourage you to talk to the other person. But your case is still in court. If you settle it, we take that settlement and we record it as an order of the court.”
Deputy Registrar, Mediation, Hon. Caroline Kendagor Deputy Registrar, Mediation, Hon. Caroline Kendagor is responsible for the implementation of Court Annexed Mediation. She reports about progress on Court Annexed Mediation to the Judiciary. She told the audience: “The registered mediators are people of good standing, with reputable backgrounds, some are lawyers, some are not, and we engage them into the mediation process where the parties are helped to enter into a conversation.”
Court Annexed Mediators and Court Users in Mombasa, the key actors in this process, attended the event.
Ms. Sarah Ater, Court Annexed Mediator in Mombasa “Mediation is a good thing in the Children’s Court”, Ms. Sarah Ater, Court Annexed Mediator in Mombasa, said. “It serves to ensure that we parents share and honor our responsibilities and reminds us that in spite of our differences we must continue to think about our children and the children’s best interests.”
Hon. Evans Makori, Chief Magistrate at Mombasa Law Courts Hon. Evans Makori, Chief Magistrate at Mombasa Law Courts, told the gathering: “On behalf of the big sister, Mombasa Law Court, we do salute the Tononoka Children’s Court on this occasion of the launch of Court Annexed Mediation Program. I say, it’s a big milestone.
Hon. Evans Makori, Chief Magistrate at Mombasa Law Courts "By nature, the children’s cases attract emotions from the warring parents. When parents fall out, usually they shield behind a child. When the parents’ feud escalates in the normal court trials, Mediation can be the best way of reducing this stress. I thank the court users of Tononoka Children’s Court, you are important, important, important. I thank IDLO for your support in this program.”
Ms. Ilham Hisham, Senior Legal Counsel at FIDA – International Federation for Women Layers, Kenya Ms. Ilham Hisham, Senior Legal Counsel at FIDA – International Federation for Women Layers, Kenya, one of the implementing partners, told the gathering: “We realize that this is the way to go when it comes to children matters. Every week we conclude at least ten matters through mediation. And I really appreciate the assistance we have got from the Tononoka Law Court. The judiciary has been one of our great allies. I also appreciate the assistance of IDLO.”
Ms. Jacqueline Waihenya, Advocate at JWM & Co Advocates in Mombasa Ms. Jacqueline Waihenya, Advocate at JWM & Co Advocates in Mombasa, and an active member of the Court Users Committee in Mombasa, underscored the role of the key institutions involved in the project: “I want to recognize our sponsors for the Judiciary’s Program for Court Annexed Mediation that is to say IDLO, the International Development Law Organization. If it was not for IDLO, we would not have been able to put together the Court Annexed Mediation Program.”
Hon. Justice Ogola, Presiding Judge at the Mombasa Law Courts Hon. Justice Ogola, Presiding Judge at the Mombasa Law Courts, reflected on the changing attitudes within the legal profession towards Court Appointed Mediation. “As Justices we have many converts. But we have many in the legal profession who are yet to be converted”.
Hon. Justice Ogola, Presiding Judge at the Mombasa Law Courts Justice Ogola, Presiding Judge at the Mombasa Law Courts, continued: “And mine is yet a plea that Mediation saves everybody’s time. In fact, I think Mediation is more relevant in family disputes because people need to be reminded that when they first met, they talked. When they brought this child to the world, they spoke. Even if they can’t be bringing up this child together, they should speak about how to continue maintaining the child.”
Mr. Philip Nzenge, Coordinator at the Department of Children’s Service in Mombasa Mr. Philip Nzenge, Coordinator at the Department of Children’s Service in Mombasa, told the audience: “We thank IDLO, the Judiciary and all other stakeholders. It is a great opportunity for the children of this county because many of the cases we handle in the Department of Children Services, they do not origin from the child. We also have children who are being rehabilitated. We need also to mediate on their behalf.”
Romualdo Mavedzenge, IDLO Regional Program Manager for Africa and Teresa Mugadza, IDLO Country Manager for Kenya Romualdo Mavedzenge, IDLO Regional Program Manager for Africa and Teresa Mugadza, IDLO Country Manager for Kenya, attended the roll-out of Court Annexed Mediation at the Tononoka Children’s Court.
Romualdo Mavedzenge, IDLO Regional Program Manager for Africa “Children belong where? Where do you belong? In school! We have worked closely with the Judiciary and the Government of Kenya on the Children’s Bill. We have worked very closely, when developing guidelines on diversion and we will continue to work on those mechanisms that ensure that we decongest the courts and make sure that the children are removed from the courts. You should not be there because you are victims, you are not the source of problems that led you into the court."
Addressing everyone in the audience, Romualdo Mavedzenge, IDLO Regional Program Manager for Africa, concluded: “And I say that IDLO will continue to partner and support Court Annexed Mediation for the very important role it plays in decongesting the courts and ensuring that justice is available to all, and in this case particularly children. The starting point for people is the children. We need to protect these young ones.” Romualdo Mavedzenge, IDLO Regional Program Manager for Africa
