Chief Justice Martha Koome has launched the Alternative Justice System (AJS) in Mombasa, making the coastal county the 11th in the country to adopt the community-centred approach to dispute and conflict resolution.
Other counties that have so far adopted this community approach to dispute resolution include Kisumu, Trans Nzoia, Isiolo, Marsabit, Mandera, Nakuru, Uasin Gishu, Nairobi, Meru, and Migori counties.
Speaking during the launching ceremony, Justice Koome said the initiative aims to empower citizens to solve conflicts at the grassroots level while complementing the formal court system.
“What we are doing is empowering the people to solve their own problems and to bring justice closer to them. Justice is a shared responsibility between state and non-state actors, between institutions and communities,” she stated.
The Chief Justice explained that AJS is rooted in traditional dispute resolution mechanisms such as councils of elders, family mediation, religious leaders, and community forums, which have long been part of Kenya’s cultural heritage.
She noted that systems such as the Njuri Ncheke of the Meru and the Mijikenda Kaya traditions demonstrate that communities have always embraced dialogue and reconciliation.
“AJS promotes reconciliation, preserves peace, and strengthens relationships. Unlike the adversarial court process, it allows people to be heard in familiar and culturally resonant settings.
It is not in competition with the formal system but works alongside it,” Koome added, encouraging Mombasa residents to embrace the initiative.
Governor Abdulswamad Sharrif Nassir welcomed the launch, saying AJS will allow residents to resolve disputes before escalating them to court. However, he raised concerns over the high number of land cases in Mombasa.
“Our county has nearly 2,000 land cases, but only three judges to handle them. AJS will help ease this backlog by allowing residents to address disputes at the community level,” Governor Nassir said.
Civil society organizations also lauded the initiative with Haki Yetu, Chief Executive Officer Peter Kiama, explaining that AJS aligns with Article 159 of the Constitution, which recognizes traditional dispute resolution mechanisms.
“With strong policy support, citizen awareness, and community ownership, we can build a justice system that is restorative, inclusive, and truly attuned to our people’s needs,” Kiama said.
He revealed that 50 community mediators trained under the programme have been certified by the Chartered Institute of Arbitrators, Kenya, and have successfully resolved more than 79 cases, including land disputes, tenancy conflicts, inheritance, and matrimonial matters.
The CJ also unveiled the Mombasa AJS County Action Plan (CAP), which integrates three mechanisms into a coordinated framework tailored to the county’s diverse needs.
Surveys and focus group findings show that many residents prefer settling disputes through chiefs and community elders rather than formal courts. To address this, the CAP establishes Court Annexed AJS Panels at each court station to provide structured, accessible, and culturally sensitive services that complement judicial processes.
The county model creates a link between autonomous elders and community leaders, civil society organizations and government administrators, and the judiciary through the court-annexed mechanisms.
A dedicated secretariat has also been set up to operationalise the system. The plan prioritises disputes related to land and tenancy, which remain the most common sources of conflict in the county.
Justice Joel Ngugi, who also attended the event, emphasised the importance of expanding access to justice through AJS.
“As a practitioner in the formal court system, I am only too aware of the barriers that face our people as they try to access justice. The launch of AJS opens new doors by recognising cultural values and enabling dispute resolution that restores relationships and promotes harmony,” Justice Ngugi said.
By Sitati Reagan
