Alternative justice system the best for family disputes: Maraga
Chief Justice Maraga addresses South Mugirango residents during the launch of the Etago Magistrate’s Court on October 2, 2020.
What you need to know:
- Mr Maraga noted on Friday that besides helping to reduce caseloads, AJS is the better route for families as it ensures they maintain cordial relations after cases are concluded.
- The CJ also said the judiciary is rolling out small claims courts where matters involving disputes of values not exceeding Sh1 million will be heard and determined.
Kenyans should embrace the Alternative Justice Systems( AJS) as the preferred way of solving disputes instead of always turning to the courts, Chief Justice David Maraga has said.
Mr Maraga noted on Friday that besides helping to reduce caseloads, AJS is the better option for families as it ensures they maintain cordial relations after cases are concluded.
“There is no reason why succession cases, for example, should end up in court. We will continue pushing for increased use of AJS alongside other initiatives that improve access to justice, particularly faster and easier resolution of disputes,” he said in South Mugirango, Kisii County, while launching the Etago Magistrate’s Court.
Kisii is known for numerous land disputes, which contribute to 80 per cent of the crime cases in the county.
The CJ also said the judiciary is rolling out small claims courts where matters involving disputes of values not exceeding Sh1 million will be heard and determined.
“These courts have been structured to ensure cases are concluded in a fast-tracked manner,” he said.
The Small Claims Act, for example, restricts the number of adjournments allowed to three, ending a big challenge in court processes as adjournments severely slow down the conclusion of cases.
More courts
The CJ gazetted 20 court stations, including Etago, two weeks ago.
“When we talk about enhancing access to justice as a key commitment of the Judiciary, it is exactly a court like this one that we have in mind,” said Mr Maraga.
Initially, Etago residents were served by the Ogembo court which is about 30 kilometres away.
To address this challenge, the Judiciary started operating a separate sub-registry for cases emanating from the area and providing mobile court services three times a month.
The caseload has been growing steadily, with well over 600 a year, without considering the many civil cases mainly to do with succession.
To address this challenge, the CJ said another 16 magistrate’s courts and four High Courts were gazetted.
The High Courts are in Isiolo, Kwale, Vihiga and Nandi, while the magistrate’s courts are in Ol-Kalou, Madiany, Zombe, Port Victoria, Borabu, Kendu Bay, Wamunyu, Malaba, Matiliku, Usigu, Kasarani, Masinga, Manga, Tinderet, Kenol and Rumuruti.
The ideal
The Judiciary intends to have a High Court in each of the 47 counties in Kenya and a magistrate’s court in each of the 290 sub-counties in the country.
“We are edging closer to the realisation of this ideal. So far, we have 43 High Courts in 42 counties and this station brings to 128 the number of magistrates’ courts,” said the CJ.
When all the gazetted courts are operationalised, their number will increase to 144.
The new court will serve two sub-counties - Gucha South and Etago - which share boundaries with both Narok and Migori counties.
“This gives you an idea of how extensive the area is. For example, the furthest police station that is served from here is Nyamaya, which is 20 kilometres away. If the cases from Nyamaiya were to end up at Ogembo, there would be a distance of 50 kilometers [to cover],” he said.
“We are very grateful to the local community and the administration for providing the premises where the mobile court has been sitting. The same space shall now operate the court,” he added.
No land
Mr Maraga noted, however, that this is not a long-term solution and that a proper court will be set up, but said the Judiciary does not have land.
“With our ever-recurring budgetary challenges, it will be very difficult to find money to buy land and then build the station.That is why I always ask local leaders to set aside land for the Judiciary to build the courts so that we continue taking our services closer to the people,” he said.
He asked Kisii Governor James Ongwae, who also attended the launch, to set aside at least half an acre of land in each sub-county for establishment of the courts.
The governor requested the magistrate to help set up a municipal court to deal with county issues.
The Etago court will be headed by Senior Resident Magistrate Paul Wechuli.
