Succession disputes: North Rift court users urged to embrace alternative dispute resolution
A view of Eldoret High Court in Uasin Gishu County on October 27, 2022.
What you need to know:
- Embracing the Alternative Justice System (AJS) is expected to reduce the backlog of cases
- In May, Chief Justice Martha Koome said the Judiciary planned to close all succession cases by the end of the year and refer them to the AJS
The Judiciary is working with court users and other stakeholders to embrace alternative resolution of succession disputes and related cases in the North Rift region.
Embracing the Alternative Justice System (AJS) is expected to reduce the backlog of cases.
Justice Reuben Nyakundi, the regional presiding judge, has urged all stakeholders, including the Court Users Committee (CUC), to support the Judiciary’s efforts to identify cases that can be solved through AJS.
Justice Nyakundi regretted that many succession cases drag on in courts for years yet families can sit and resolve them under AJS. The AJS resources are now mainly being utilised by families seeking justice on matters of boundary disputes, he said.
“I urge all stakeholders to work together in promoting AJS. We need capacity building for all stakeholders to promote the alternative justice system to help our society,” he said in Eldoret, noting the need to create awareness among Kenyans on the role of AJS.
Uasin Gishu AJS committee
The Uasin Gishu AJS committee, led by the Centre for Human Rights and Mediation (CHRD), hailed Justice Nyakundi for working with stakeholders through AJS to ensure access to justice for Kenyans.
CHRD chief executive Nick Omito said AJS will greatly help reduce the number of people jailed for petty crimes and thus cut congestion in prisons.
Mr Omito said the Judiciary needs to work with councils of elders and national government officers to make AJS a success.
“For AJS to succeed, we need to incorporate all stakeholders, including the council of elders, for proper guidance on how the society wants AJS handled for it to embrace the system,” said Mr Omito
In May, Chief Justice Martha Koome said the Judiciary planned to close all succession cases by the end of the year and refer them to the AJS.
Inexpensive and expeditious
All stakeholders involved in facilitating the success of AJS believe the approach and Small Claims Courts would enable many Kenyans to access justice through inexpensive and expeditious informal processes.
Eldoret religious organisations hailed the role of the AJS in resolving cases.
Rev Peter Mbithi, a representative of religious leaders, said due to the participatory nature of the AJS, many pending court cases will be solved through the system.
He urged religious leaders to use places of worship to create awareness about AJS and Small Claims Courts.
