Chief Justice Martha Koome has challenged all counties to maximize use of existing tailor-made dispute resolution mechanisms as a way to deepen access to justice for all citizens, especially the vulnerable and marginalised.
CJ Koome, who spoke in Uasin Gishu County during the launch of six Alternative Justice Systems (AJS) suites and a new court in Moiben, said this is in line with the mandate of counties to facilitate socio-economic transformation.
“The County Government plays the ideal role that governments should play in access to justice by providing a conducive role for justice innovations and providing justice solutions,” the Chief Justice emphasised.
The six AJS suites were established in Moiben, Turbo, Kesses, Ainabkoi, Kapseret and Soi.
To protect the voiceless, the weak and the vulnerable in society, CJ Koome expressed the need to establish and promote initiatives and interventions aimed at responding to the people’s plight and cries for justice.
“Access to justice should be easy and cheap enough to be afforded by even resource-poor individuals or groups. All persons, especially the marginalised and vulnerable in society, expect that the doors of justice will be opened and remain ajar when they seek a solution to their grievance and protection of the law,” the CJ emphasised.
She affirmed the belief that all individuals within the community have the capability of resolving any disputes or conflicts.
“It means that we should not see courts as the sole institutions or places where justice reside. This idea is nothing new but reflects the reality that our communities going all the way to pre-colonial times to contemporary times have always had indigenous systems of justice that operate outside the strictures of state institutions,” CJ Koome stressed.
Article 159(2) of the Constitution points to the possibility of open-ended pursuit of justice beyond the confines of State institutions by commanding the Judiciary to promote the use of alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.
“By channelling a significant number of disputes for resolution outside the courts, we will avoid the current problem of courts that are swamped and paralysed with disputes that might be better resolved elsewhere,” said the CJ.
Among conflicts that are best suited for AJS are family disputes that are better resolved in a non-adversarial process such as mediation and reconciliation.
“It is important to point out that AJS is nothing new. When the Judiciary conducted a Justice Needs Survey in 2017, it was also established that 71% of persons with justice needs went to various alternative avenues of disputes resolution.”
Uasin Gishu Governor Jonathan Chelilim said a significant portion of cases in the county involve land, an issue that is both vital and emotive, considering it is an agriculturally rich region.
He believes AJS will help address approximately 80 percent of these cases through the AJS Model and also the new courts in Moiben and Turbo.
“By incorporating community-based approaches through traditional dispute resolution, AJS ensures that justice is served and perceived to be fair by all parties involved. This system recognizes the unique social and cultural contexts of our communities, fostering resolutions that are more centred on history, local values, and practices,” said Governor Chelilim.
The Chief Registrar of the Judiciary Winfridah Mokaya speaking at the same event noted that in the financial Year 2021/22, there were some 11,000 cases filed in all the courts in the county – which sit only in Eldoret at the moment.
She said this will see a reduction in the Judiciary’s caseload resulting from enhanced usage of the alternative justice systems available within Uasin Gishu County, and better collaboration between those justice systems with the Courts.
“Yesterday I signed a letter posting Hon. Bernard Kiptoo to head Moiben Station which has been opened today. We pledge our support to the people of Uasin Gishu to continue with efforts of bringing justice close to the people as envisaged under STAJ blueprint,” said CRJ Mokaya.
Prof Joel Ngugi, Court of Appeal Judge and Chairman of the National Steering Committee for the Implementation of the AJS Policy said the Uasin Gishu AJS Model presents a truly people-centred justice mechanism.
He added that it is one that must truly be celebrated; enabled by the Transformative Constitution; enabled by the CJ’s STAJ; and by the visionary leadership of the Uasin Gishu County Government.
