Kenya: Presidency Roots for Mediation to Tame Litigation Paralysis in GMO Sector

14 January 2026

Nairobi — The Presidency is championing mediation as a tool to resolve disputes in the genetically modified organisms (GMOs) sector, saying it will enhance regulatory efficiency, investor confidence, and Kenya's global standing.

Berveley Moss, Secretary for Conflict Management and Peace Building at the Executive Office of the President, highlighted that training for National Biosafety Authority (NBA) management in mediation will position the institution to handle disputes professionally and efficiently.

Speaking during a mediation sensitization and policy development training for NBA senior management, Moss noted that Article 159(2)(c) of the Constitution obligates state organs and public institutions to promote alternative dispute resolution mechanisms such as mediation, reconciliation, arbitration, and traditional dispute resolution.

"This is not merely a judicial principle--it is a government mandate requiring institutions to solve disputes efficiently, inclusively, and restoratively," she said.

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Timely resolutions

Moss emphasized that unresolved internal conflicts, leadership mistrust, and poor communication, if handled coercively or through prolonged litigation, can cause institutional paralysis, regulatory backlogs, and broader national concerns.

Mediation, she added, offers structured, dignified, and timely pathways to restore dialogue, protect relationships, and preserve institutional mandates.

"These lessons align with Kenya Vision 2030, which emphasizes efficient public institutions, regulatory certainty, investor confidence, and social cohesion as pillars of national development. When critical regulatory institutions are disrupted, the impact extends beyond their offices--affecting trade, innovation, public safety, and economic growth," she said.

Moss further urged institutions to invest in Certified Professional Mediator (CPM) training to resolve disputes early and internally, reducing costly litigation and strengthening trust within and across agencies.

NBA Acting CEO Nehemiah Ngetich said the training would help the authority address litigations that have stalled its mandate to regulate GMOs since the government lifted the ban in 2022.

Conducted by the International Mediators Academy (IMA), the programme equips NBA managers to engage all stakeholders and move regulatory processes forward.

Retired High Court Judge Muga Apondi added that mediation saves time and costs for institutions.

"Alternative dispute resolution mechanisms are the way to go," the judge noted.

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