ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
25. Confidentiality and inadmissibility
Edition: 2022-12-31 · In force
25. Confidentiality and inadmissibility
(1)Any person taking part in a mediation process under these Rules shall be required by the mediator to execute a confidentiality agreement and shall be bound by the terms of such agreement.(2)The confidentiality agreement shall be in Form 10 as set out in the Schedule.(3)Any communication during mediation including the mediator’s notes shall be confidential and shall not be admissible in evidence in any ongoing or subsequent legal proceedings.(4)Any person taking part in a mediation process shall maintain the confidentiality of any information obtained during the mediation and not disclose that information unless—(a)that person is required by law to disclose the information; or(b)the information relates to child abuse, child neglect, defilement, domestic violence, a sexual offence or any related criminal or illegal purpose.(5)The court shall put measures in place to guide the procedure on the making and processing of disclosures under subrule (4).(6)Subject to subrule (4), the mediator or any person present or appearing at a mediation session may not be summoned, compelled or otherwise required to testify or to produce records or notes relating to the mediation in any proceedings before any court of law.(7)No person present or appearing at a mediation session whether in person or through a virtual platform shall use any electronic device of any nature to record the mediation session.(8)Any breach of this rule shall constitute contempt of court.(9)This rule shall not apply to any settlement agreement, decree or order arising from the mediation.