Chief Justice Martha Koome has called for the transformation of Africa’s justice systems to become more accessible, inclusive, responsive and people-centred.
Speaking during the official opening of the 3rd Africa Chief Justices’ Alternative Dispute Resolution (ADR) Forum in Nairobi, Koome emphasized the importance of strengthening alternative dispute resolution mechanisms and alternative justice systems to complement formal court processes and expand access to justice for millions of Africans.
“We gather at a time when access to justice remains one of the defining challenges confronting African societies. While our constitutions and statutes promise justice for all, the lived experiences of many Africans tell a more complex story,” she said.
The CJ cited findings from the recently released Afrobarometer Round 10 Survey on Access to Justice, which revealed that only half of citizens across 38 African countries surveyed expressed confidence that ordinary people who are wronged can obtain justice through the courts.
The survey further showed that many Africans continue to seek justice through traditional leaders, community elders, customary courts, religious leaders and other community-based dispute resolution mechanisms.
Koome noted that these findings underscore the need for African judiciaries to broaden their understanding of justice and create pathways that enable disputes to be resolved fairly, affordably, efficiently and in ways that strengthen social cohesion.
“The findings challenge us as judicial leaders to create pathways through which disputes can be resolved quickly, fairly, affordably and in ways that strengthen rather than fracture communities,” she stated.
The CJ reaffirmed Kenya’s commitment to promoting Alternative Justice Systems (AJS) and Alternative Dispute Resolution (ADR), as critical pillars of judicial transformation.
She observed that while courts remain indispensable guardians of constitutionalism, human rights and the rule of law, they are not the only legitimate avenues through which justice can be achieved.
She further highlighted the growing importance of ADR in supporting economic development across the continent.
As Africa advances regional integration through Agenda 2063 and the African Continental Free Trade Area (AfCFTA), efficient dispute resolution mechanisms will play an increasingly vital role in enhancing investor confidence, reducing transaction costs and preserving commercial relationships.
“Commercial justice must be viewed as a form of economic infrastructure,” she remarked.
The two-day forum, under the theme “A Justice System That Serves, Listens and Resolves: Advancing ADR and Alternative Justice Systems for Peace, Inclusion and Prosperity in Africa,” has brought together Chief Justices, Heads of Judiciaries, Judges, judicial officers, ADR practitioners, scholars, development partners and legal professionals from across Africa and beyond.
by Joseph Ng’ang’a
