Nairobi: Untrained mediators play a vital role in guaranteeing peace and unity among Kenyans. Deep within the heart of Kenya’s vibrant informal settlements and serene villages, a unique form of justice quietly unfolds. Long before the modern court system, communities relied on the wisdom of elders, respected figures, and even ordinary citizens to resolve conflicts peacefully. These untrained mediators, armed with nothing more than their understanding of local customs, social norms, and human nature, have played a crucial role in maintaining harmony within their communities.
According to Kenya News Agency, while formal mediation processes have gained prominence in recent years, the role of these informal mediators remains indispensable. They are the first line of defense against escalating disputes, often preventing them from reaching a boiling point that could disrupt the fragile social fabric of these communities. A renowned mediator, Charles Torori, has gained a lot of respect in the informal settlement and within his SDA church, where he’s an elder.
Interviewed at his home in Kaptembwo estate, Torori noted that untrained mediators possess a deep understanding of the intricate social dynamics within their communities. They know the history of the families involved, the nuances of local customs, and the sensitivities that must be carefully navigated. This intimate knowledge allows them to tailor their approach to each specific situation, ensuring that the resolution not only addresses the immediate conflict but also preserves the long-term harmony of the community.
He observed that without the quiet peacemakers in the informal estates, the chaos would be much more than what is witnessed daily. In these areas, all sorts of people become neighbors, and since they come from different communities, it takes time for them to appreciate each other. Some are not only drunkards but delinquents who have run away from where they are known to seek hideouts in the informal settlements, naturally fueling more chaos, which requires immediate solutions, he stressed.
Torori said unlike formal legal proceedings, which often focus on apportioning blame and punishment, these informal mediations prioritize restorative justice. The emphasis is on repairing the harm caused by the conflict, restoring relationships, and ensuring that the community remains whole. This approach, he explained, fosters a sense of shared responsibility and encourages dialogue and understanding between the parties involved.
Additionally, he said the presence of respected mediators within a community acts as a powerful deterrent to violence and conflict escalation. The fact that a respected elder or a trusted neighbor can intervene and facilitate a peaceful resolution encourages individuals to seek amicable solutions rather than resorting to violence or legal action. This not only prevents unnecessary suffering but also strengthens the bonds within the community.
While the role of these untrained mediators is invaluable, Torori said it also presents certain challenges, noting that consistency in the application of local customs and ensuring fairness in the mediation process can be difficult. Additionally, the lack of formal training can sometimes lead to biased or ineffective resolutions. Such resolutions are instantly challenged, especially with the formally educated people who have moved to informal areas due to economic hardships, hence creating more conflicts instead of solutions. He gave an example of domestic violence that the elders used to resolve easily, but the educated demand that the husband must be arrested as per the law, and unfortunately, such thinking has broken many families.
However, these challenges also present opportunities for growth. By providing basic training on mediation principles, conflict resolution techniques, and ethical considerations, these untrained mediators can be empowered to serve their communities even more effectively. This would not only enhance the quality of informal mediation but would also contribute to the overall development of the justice system in Kenya.
Torori appealed to the Chairman of the National Cohesion and Integration Commission (NCIC) to reconsider their new tough proposed Bill 23 on National Cohesion and Integration. NCIC wants Parliament to grant it more powers, including to supervise and determine what constitutes a peace-building mission where they will have a final say on any organization or persons who want to conduct peace-building missions.
He said that much as they might be speaking on major disputes, they seem to be degrading the quiet peace makers like him, who have volunteered and spent a lot of time and money in ensuring that communities live harmoniously. Giving the example of the 2008 post-election violence, he noted that many more people would have died without the volunteer mediators who played a major role in the informal settlement areas and villages.
He added that small disputes, when allowed to simmer, lead to serious conflicts like the one going on in Nakuru between KWS warden and residents who border Lake Nakuru National Park. He regretted that the KWS has not yet involved the elders, and yet the conflict has escalated to the unfortunate loss of lives.
The quiet work of untrained mediators in Kenya’s informal settlements and villages is a testament to the resilience and self-sufficiency of these communities. By embracing and supporting these valuable resources, the country can not only strengthen the justice system but can also foster a more harmonious and equitable society for all.