Case backlogs: Judiciary starts training elders in North Rift on alternative justice
A group of Nandi Council of Elders at a meeting in October when Deputy President Rigathi Gachagua visited the county.
What you need to know:
- AJS received official recognition by the Judiciary in August 2020
- AJS stakeholders have called it a great breakthrough in resolving disputes
The Judiciary is training elders through their councils on the alternative justice system (AJS) in efforts to reduce case backlogs in the North Rift.
North Rift Presiding Judge Reuben Nyakundi said the elders to be used under AJS must have a good reputation in society.
He told trainers under commercial courts in Eldoret that the elders will be identified through the national chairman of the council of elders, retired Major John Seii.
“We are in consultation with the chair of the council of elders, Major Seii, to ensure that elders that we are working with to offer alternative justice are men and women of repute,” said Justice Nyakundi.
He said elders working with the Judiciary will deal mostly with civil cases under the laws, rules and practices that govern communities.
Elders with integrity
He said elders of integrity will greatly reduce the backlog of cases.
AJS, he added, will also help save money wasted on paying lawyers and make justice more affordable to Kenyans.
“Justice is becoming expensive to poor Kenyans and that is why AJS has to be embraced to help poor Kenyans easily access justice,” he said.
He urged Kenyans to embrace mediation in resolving commercial disputes through the Court Users Committee (CUC).
“CUC should be a commercial watchdog in matters of solving commercial disputes among Kenyans,” he said.
AJS stakeholders have called it a great breakthrough in resolving disputes.
AJS received official recognition by the Judiciary in August 2020.
That year, Justice Joel Ngugi, who also chairs the national steering committee on implementing the Alternative Justice Systems Policy, lauded AJS for its efficiency, noting that 96 per cent of all decisions made outside courts are respected without the need for external enforcement.
Increasing backlogs
Court systems face increasing backlogs of around 617,000 cases and inadequate manpower. The Judiciary integrated AJS to help dispense justice.
Chief Justice Martha Koome has lauded AJS, noting that it plays a key role in promoting justice.
Justice Koome has said AJS allows litigants another option of addressing their social grievances.
Partners
The Judiciary is working with partners to ensure that AJS providers are educated to continue their civic duty and feel proud of their contribution to the country.
The Constitution provides for alternative dispute resolution mechanisms, including traditional approaches, so long as they do not contravene the Bill of Rights, are not repugnant to justice or morality or inconsistent with the Constitution or any written law.
Although these alternative systems have helped reduce the burden on courts in marginalised areas, these mechanisms are meant to strengthen links between formal and informal justice systems rather than replace courts.
In 2015, the Chief Justice at the time, Willy Mutunga, appointed 12 members to the Mediation and Accreditation Committee to facilitate and strengthen the alternative dispute resolution process.
