Principal Magistrate and Head of the Mediation Secretariat, Grace Sitati, has revealed that Kenyan family courts are overwhelmed, handling up to 20 divorce-related cases daily amid rising disputes over matrimonial property.
Speaking on Radio Generation on Friday, she noted that court-annexed mediation had become central in easing the caseload, with most matters concluded within 60 days unless parties agreed to short extensions.
Sitati, who also sits in the family division, said courts are increasingly flooded with divorce petitions driven by disagreements over property acquired during marriage and child maintenance arrangements.
“On a daily basis, I hear about eight divorce cases… and you can imagine someone who is not having administrative duties, it’s about 20 matters daily,” she said.
She explained that judges begin early, reviewing files from as early as 4am due to the high workload.
“You go to the office at four in the morning… we are looking at the files, we are looking at the petitions,” she said, noting that divorce cases dominate the workload.
According to her, mediation is often used because many disputes go beyond dissolution of marriage into property and child custody arrangements.
“You must first of all be divorced so that we can decide who gets this… because otherwise you still hold it as matrimonial property,” she said.
Sitati added that mediation helps couples resolve issues that are not directly captured in court petitions.
“They end up talking about division of matrimonial property, how they will maintain their children, who will pay, what the children will be with, who at what given time,” she said.
She emphasized that divorce is not automatic and must be proven under the law. “I have refused to divorce others. It’s not automatic that you divorce them,” she said, adding that courts must be satisfied that legal grounds for divorce have been established.
The mediation process, she said, is designed to encourage dialogue rather than prolonged litigation. She explained that once cases are referred, mediators are required to conclude within 60 days, with only limited extensions allowed if both parties agree in writing.
“If it is court-referred mediation, then the mediator must only take 60 days… we allow them to extend by 10 days only,” she said.
Despite rising caseloads, Sitati noted that mediation has improved outcomes by helping parties settle custody, maintenance, and property distribution more efficiently, reducing pressure on the courts while promoting faster resolutions.