Utilize new dispute resolution methods to decongest courts, expedite justice — Koome » Capital News

NAKURU, Kenya, May 17 — Chief Justice Martha Koome has called on Kenyans to utilize the new methods of dispute resolution mechanisms that the Judiciary is offering to settle their disputes.

Speaking on Monday during the twin launch of the Alternative Justice Systems (AJS) model and the Small Claims Court in Nakuru where she was accompanied by the Governor Lee Kinyanjui of Nakuru County, the CJ intimated that gone are the days when lengthy and technical court processes were the only way of resolving disputes

“By embracing the new innovative options available including the Alternative Justice Systems (AJS) and the Small Claims Court, the public will resolve their conflicts in an efficient way, strengthen social harmony and boost state stability,’’ she said.

Chief Justice Koome noted that, “ the Judiciary is at the fore in widening the doorways of justice which has the dual effect of creating a stronger, more efficient Judiciary and an empowered citizenry.’’

Speaking in the same forum, Governor Kinyanjui lauded the move by the Judiciary saying it will enhance access to justice.

“There are many times Kenyans experiencing injustice just resign and say Nimewachia Mungu (I leave it to God) because justice seems so far and so difficult to achieve,” he noted.

“Nakuru County embraces these new methods of accessing justice and will partner fully with the Judiciary to bring fair, just solutions and closure to the issues that have brought so much trauma to our people.’’

Governor Kinyanjui further pledged to provide land at Olenguruone and Solai for the Judiciary to construct courts in order to bring justice close to Wananchi. 

Established under Article 169 of the Constitution, the Small Claims Courts which handle civil disputes with a maximum value of Sh1 million have proved to be very popular owing to their simple, fast, inexpensive, non-technical way of settling disputes.

All cases filed in the court have to be concluded within 60 days.

The launch of Nakuru Small Claims Court brought the total number of Small Claims Courts to ten.

The others – in Milimani, Kajiado, Thika, Machakos, Makueni, Naivasha, Eldoret, Nyeri and Kakamega – have all been established within one year. More are expected to follow later in the year.

Meanwhile, Deputy Chief Justice Philomena Mwilu defined Alternative Justice Systems as “the traditional, informal and other mechanisms used to access justice in Kenya. Framed by Article 159 of the Constitution 2010, AJS capture the myriad of dispute resolution and justice provision mechanisms that exist outside the formal court system and through which majority of Kenyans access justice.’’

The mainstreaming of Alternative Justice Systems means justice has come full circle, since every community in traditional societies had their methods of resolving disputes.

AJSs were over the years weeded out leaving only the courts to carry out that mandate. Their return means the Constitution, and by extension the people of Kenya, in retrospect, recognize their unique contribution.

 “The Nakuru AJS model has a team of 20 people drawn from 18 member agencies of the Court Users Committee. They have helped many people who would have otherwise been congesting Prison Remand facilities by creating opportunities for them to face their accusers, address the injustices in question, look for solutions together, access restoration and achieve justice outcomes that are satisfactory to both the accuser and the accused,’’ Lilian Arika, the Chairperson of the AJS Nakuru Working Group explained.

Justice Joel Ngugi, the Presiding Judge in Nakuru said the Nakuru AJS model has seen 300 Boda Boda cases resolved and 200 cases from the Smart Ladies group resolved.

He observed that the AJS model is not a one-size-fits-all across the country. Rather, each county identifies the justice issues that are unique to their situations and comes up with a model that address them.

“In Kajiado, which is the only other county where AJS has been piloted, their issue was land and that is what their model focuses on. In Nakuru, youthful gangs and land issues are thorny issues that the Nakuru AJS model will seek to address. The model will deal with criminal, civil and land issues,” Prof Justice Ngugi said.

The Alternative Justice Systems and Small Claims Courts are important cogs in addressing the perennial case backlog problem.

They resonate with and speak to the aspirations that animate the ‘Social Transformation Through Access to Justice’ Vision of the Judiciary.

They aid in dismantling the systemic and informal barriers to access justice, which include high costs of litigation, delays in hearing and determination of cases and geographical distance to court stations.

With today’s launch, Kenyans now have a menu of options in redressing social grievances.