ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
28. Non-compliance
Edition: 2022-12-31 · In force
28. Non-compliance
(1)A party or the party’s representative who fails to comply with any of the mediator’s directions, consistently fails to attend mediation sessions or engages in deliberate misconduct may be cited for contempt of court and dealt with in the manner provided for under rule 29.(2)The mediator may, in the first instance, request that the case be listed for mention before the Mediation Deputy Registrar or other officer designated for that purpose for directions aimed at facilitating the uninterrupted continuation of the mediation process.(3)If, after several attempts by the mediator to continue the mediation process forward, a party fails to comply, the mediator shall file a certificate of non-compliance in Form 11 as set out in the Schedule.(4)The Mediation Deputy Registrar or such other designated officer shall, upon the filing of the certificate of non-compliance, refer the file back to the trial court.(5)It shall be the obligation of the mediator to satisfy himself or herself that sufficient effort has been made to continue the mediation process without success before filing a certificate of non-compliance under subrule (4).(6)In assessing whether this obligation was met by the mediator, the court shall consider, among other things, the attempts made at contacting the parties, the number of sessions held if any, and the attempt by the mediator to explain the process to the parties.