In Kenya, the procedure to register a private mediation settlement agreement in court is governed mainly by the Civil Procedure (Court-Annexed Mediation) Rules, 2022, and section 59D of the Civil Procedure Act. The key steps and requirements include:
- The private settlement agreement must be in writing, signed by all parties and the mediator, dated, and endorsed with the mediator’s accreditation or identification number.
- It must relate to a dispute that is not already the subject of a pending court case and be capable of being resolved by mediation under Kenyan or international law.
- The agreement should not contain anything illegal and must be enforceable by the court.
- The mediator may present the signed agreement for registration at the nearest mediation registry within 30 days of signing.
- The mediator files the agreement accompanied by an affidavit affirming the voluntary nature of the agreement, compliance with mediation rules, and that the mediator witnessed the execution.
- The mediation registry opens a separate file for the agreement, and the court officer formally endorses the agreement and affidavit with a court stamp.
- The court then adopts the settlement agreement, which becomes enforceable as a court order, obviating the need for further litigation to enforce it.
- Registration fees are payable according to the scale for filing affidavits in court.
Comparison with East African Countries
| Country | Procedure for Registering Private Mediation Agreements | Legal Framework | Notes on Practice |
| Kenya | Signing, mediator affidavit, filing at mediation registry, court endorsement and adoption | Civil Procedure (Court-Annexed Mediation) Rules, 2022; Civil Procedure Act section 59D | Formalized registry system; court adoption makes agreement enforceable; no need for pleadings |
| Uganda | Mediation agreements recognized under Arbitration and Conciliation Act; may require filing court application for enforcement | Arbitration and Conciliation Act | Less formal registry; enforcement through court application for consent orders |
| Tanzania | Agreements registered as consent judgments or court orders post-mediation; requires court approval | Mediation Act and Civil Procedure Code | Mediation supported under Mediation Act; court approval needed for enforceability |
| Rwanda | Mediation agreements may be filed and enforced as court decisions per Civil Procedure Law | Law on Mediation and Civil Procedure Code | Implementation varies; formal court filing needed for court enforcement |
Kenya’s process stands out for its structured mediation registry and specific Rules that streamline registration and enforcement of private mediation agreements, making them binding and enforceable without starting a fresh suit. Other East African jurisdictions also recognize mediation agreements but often require additional judicial steps for enforcement, sometimes lacking dedicated mediation registries.
This comparative overview draws from the Kenyan legal provisions and typical practices in neighboring East African countries.
Shafiq Taibjee
Lawyer/Arbitrator/Mediator/ Islamic Arbitrator & Expert
Honorary Fellow IICRA – Dubai-UAE