Garsen High Court to use council of elders to clear case backlog

A Kadhi's Court in Garsen has ordered a woman to return two cows and Sh50,000 and money spent during wedding. PHOTO | FILE | NATION MEDIA GROUP

The High Court in Garsen will now take into regard judgments made by the councils of elders in simple domestic cases, Senior Magistrate Paul Rotich has said.

Speaking to the nation.africa in Minjila, Tana Delta, Rotich noted that the court had considered incorporating the council of elders into its alternative justice system as a means to reduce the backlog of cases in court.

"There are matters that do not necessarily need much of our attention (like) simple domestic issues, and conflicts that the council of elders has shown wisdom in resolving amicably," he said.

The magistrate noted that the court will assign the council of elders all minor domestic cases and also adopt their decision to the legal systems for future reference.

Further, the magistrate reiterated that the move will save the residents a lot in costs required to travel to court for matters that can be resolved in simple local tribunals.

He noted that the move will hasten the access to justice efforts owing to the vastness of the county.

Nevertheless, he urged the elders to adopt the Samburu Declaration model as a means to end social injustices.

"If all the senior elders in the county comprising of the ultimate council of elders can unite and have a stand against social injustices in the community, then we shall very few cases to solve at the Garsen court," he said.

However, he appealed to the council of elders to consider having a fraction of women in their sittings to help with disputes regarding women and also guide the council on feminine issues.

Access to Justice project ambassador Stephen Otoi noted that the decision by the court is a milestone in the push for affordable justice in Tana Delta.

"Residents have been giving up on cases owing to the high expense of travel. As a result, we end up with unresolved issues pitting communities and families against each other hence a volatile environment," he said.

Mr Otoi noted that through the court users committee, the region stands a chance to restore cohesion among communities.

The move comes following incessant lobbying by the Kenya community support centre and the United Nations Development Program in a bid to ensure access to justice for residents in the volatile Tana Delta Sub-County.