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The Civil Procedure (Court-Annexed Mediation) Rules

46. Requirements for the registration of a private settlement agreement

Edition: 2022-12-31 · In force

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46. Requirements for the registration of a private settlement agreement

In order for a private settlement agreement to be registered by the court, it should—
(a)have been reached with the assistance of a qualified mediator or mediators who should endorse his or her or their accreditation or other identifying number thereon;
(b)relate to a dispute that is not the subject of a pending court case;
(c)relate to a dispute capable of being resolved by mediation under Kenyan or international law;
(d)not be illegal;
(e)be capable of being enforced by the court under Kenyan or international law;
(f)be reduced into writing in the language of the court;
(g)be dated and signed by the mediator, each of the parties to the dispute, and the parties’ advocates or representatives, if any;
(h)indicate the place where the mediation took place and where the settlement agreement was signed;
(i)have resolved all the issues in dispute; and
(j)indicate concisely the nature of the dispute, the issues involved, and the settlement agreement thereupon.
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Source: Kenya Law