Chief Justice Martha Koome has affirmed that Article 159(2) (c) of the 2010 Constitution, obligates the Judiciary to promote alternative forms of dispute resolution, including traditional systems.
The Chief Justice said Alternative Justice Systems (AJS) are not new to Kenyans as they are as old as the communities living in the country are.
“For generations, our people have resolved disputes through councils of elders, family mediations, religious leaders, and community gatherings. What we are doing today is breathing new life into these trusted methods of dispute resolution, transforming them where necessary, and embedding them within our justice system,” Koome observed.
Koome noted that AJS has already proven itself as an effective, restorative, and humane way of resolving disputes, adding that it prioritizes reconciliation, preserves relationships, and promotes peace.
“Unlike the adversarial court process, AJS allows people to be heard in their own voices, in familiar spaces, and in culturally resonant ways,” she added.
Chief Justice Koome made the remarks,today, while launching the Alternative Justice System (AJS) model at the Garissa Law courts.
The Chief Justice said the alternative system will enabling residents to access traditional dispute resolution methods, noting that for most citizens in the County, the elders and religious leaders were the default arbiters of justice, resolving over 56percent of the disputes in the community, which affirms that AJS is a necessity.
She said that 42 elders in the County have already been trained to arbitrate disputes through AJS and on the cases that do not fall under their purview.
The Chief Justice, noted that Garissa Justice Survey, revealed that more than half of the residents reported having been in disputes, ranging from inter-community conflicts, family disputes, and petty offences, with land conflicts accounting for nearly 40 percent of cases.
Koome said that due to the vastness of the Garissa County and scarcity of resources, it has been difficult for many residents to access formal court stations located in Garissa Town and Dadaab, thus AJS will be a game changer in enabling them access justice at their localities and in a system they understand better.
Garissa Governor, Nathif Jama, called for extending the presence of the AJS to the Sub- counties, to ensure that those communities in the far-flung areas, have access to justice as well.
“This noble idea needs at some point, to be taken to the furthest corners of this County because there are communities living in the Kenya – Somalia border, who cannot access the courts here for justice to be served. We need to find a way to help them access justice in times of disputes,” Jama said.
The Governor advocated for the creation of a Court of Appeal in the northern region, noting that with devolution, the counties had been opened-up for more development projects which should convey services closer to the people, including access to justice.
Other leaders present during the launch included Garissa Township Legislator, Dekow Mohamed, Judicial Service Commissioner, Fatuma Sichale, Chief Registrar of the Judiciary Winfridah Mokaya, Judges Eric Ogolla, Prof. Joel Ngugi, John Onyiego and Robert Limo among others.
By Erick Kyalo
