Enhancing child participation in family disputes through child inclusive mediation in Kenya

Abstract

Despite the fact that children are directly affected by the outcome of family
disputes, they are rarely given the opportunity to express their views. When
an opportunity arises, children’s voices are manipulated by parents due
to the adversarial litigation system that turns parents against each other.
Consequently, the child’s best interests are not adequately considered during
and post-divorce. In view of the increasing case backlog and promoting the
best interests of the child, this paper advocates child inclusive mediation by
demonstrating how it can be entrenched in the resolution of family disputes.
The paper argues that this form of mediation enables children to participate
in the decisions affecting their future. Secondly, involving children to voice
their wishes helps in refocusing on the children’s needs. Using the Office
of Family Advocate in South Africa as a case study, the paper illustrates
how Kenya can enhance child participation in family mediation through the
newly created Office of Secretary of Children’s Services under Section 37
and 38 of the Children Act of 2022.