Kenya joins China-supported UN-style mediation organization

Kenya has become a member of a newly established international mediation organization supported by China.

According to experts, this body has the potential to provide a quicker and more cost-effective solution for settling conflicts involving countries, companies, and merchants.

The International Organization for Mediation (IOMed), comprising 32 founding member countries, was officially launched during a signing event in Hong Kong, which will serve as its headquarters.

Touted as the fastest-growing intergovernmental body focused on mediation, IOMed aims to resolve disputes between nations, handle commercial disagreements, and settle conflicts among traders.

Supporters of IOMed, including Kenya and China, along with legal experts, view the organization as a possible solution to the lengthy bureaucratic processes commonly experienced with traditional judicial institutions such as the International Court of Justice (ICJ) and the World Trade Organization (WTO).

This development may lessen Kenya’s dependence on these traditional bodies when handling international disputes involving neighboring countries and foreign investors.

Kenya’s Solicitor General, Shadrack J. Mose, signed the agreement on the nation’s behalf, marking a new direction in Nairobi’s strategy for resolving conflicts.

He was joined by Kenya’s Ambassador to China, Willy Bett, and Jane Makori, Deputy Director General at the Asia and Pacific Directorate.

In an interview with The Standard, Bett emphasized the significant role the new organization will play in resolving conflicts.

He remarked, “Mediation quickly fosters trust between parties, which is crucial because legal procedures can be slow and often lack goodwill.”

Bett described the new organization as a vital platform for promoting mutual respect and effective dispute resolution.

He underscored Kenya’s dedication to global conflict management through this body, highlighting its role in helping countries tackle both commercial and political disputes.

“We have long relied on mediation in different forms, but this organization will enable countries to collaborate in resolving not just business matters, but also broader conflicts,” Bett said.

Unlike courts or arbitration panels, mediation is a voluntary approach where an impartial third party assists disputing sides in finding a mutually acceptable solution.

China, a major supporter, has promoted IOMed as ‘a global public good’ an affordable and adaptable alternative to traditional litigation.

Chinese Foreign Minister Wang Yi, the first to sign the convention, highlighted the organization’s role in promoting dialogue during the signing ceremony, stating:

“Disagreements between countries are normal and should be resolved peacefully.”

He pointed out that mediation is embedded in Article 33 of the UN Charter, which encourages negotiation as a means to prevent conflict.

Wang Yi added that the creation of this body addresses a gap in international law and empowers African and Global South countries with a stronger role in global governance.

Kenya’s move to join IOMed comes after its 2021 rejection of an ICJ ruling on a maritime border dispute with Somalia, which granted Mogadishu a portion of the oil- and gas-rich Indian Ocean area.

Nairobi completely dismissed the verdict, accusing the court of bias and withdrawing from its compulsory jurisdiction.

Since the ICJ lacks enforcement authority, Kenya’s refusal left the dispute unresolved. IOMed now presents an alternative that emphasizes negotiation rather than confrontational judgments.

Meanwhile, the WTO, which oversees global trade and settles trade disputes, has counted Kenya as a member since 1995 and even hosted its 2015 Ministerial Conference in Nairobi. However, critics argue that the WTO’s procedures are slow and tend to favour wealthier countries.

The ICJ  the UN’s highest court — resolves legal disputes between countries.

While its rulings are binding, they cannot be enforced, allowing nations to disregard them.

In contrast, IOMed does not impose decisions.

Instead, it promotes ‘voluntary mediation,’ which advocates say is quicker, more affordable, and less harmful to diplomatic relations.

Other African members include Uganda, Djibouti, Sudan, Zimbabwe, and Algeria — countries that have encountered complicated legal issues involving borders, trade, and investments.

Dr. James Ding, a legal expert based in Hong Kong, described mediation as a “win-win” solution:

“Current mechanisms have been expensive and slow. This new approach tackles those problems,” he explained.

Kenya’s Parliament must still ratify the convention for it to become effective. If approved, IOMed could help Nairobi steer clear of costly disputes while maintaining regional diplomatic relations.

Amid growing global tensions, this organization has the potential to reshape how Kenya—and the wider world—handles conflict resolution.