Judge calls on Kenyans to embrace Alternative Dispute Resolution

By Robert Mutasi 

Supreme Court Judge Smokin Wanjala has urged Kenyans to use the Traditional Dispute Resolution method to resolve conflicts in society.

Speaking during the launch of the Trans Nzoia County Alternative Justice System (AJS) Action Plan in Kitale on Friday, August 2, 2024, Judge Wanjala said the AJS method is an effective and alternative way to solve problems.

Wanjala has said that there has been a backlog of cases in the courts in the country and explained that AJS is the best solution. 

According to the Judge, Kenyan courts have had a backlog of cases for more than three decades now that have not been resolved. 

The backlog of cases in court have caused many Kenyans delay to get their justice  and even many never get it. 

Wanjala has praised the old method of AJS as the best and provides solutions to conflicts in time. 

According to Wanjala, AJS has long been run or managed by wise elders to resolve cases from various communities. 

He urged Kenyans to embrace AJS which is easily available and accessible compared to court system. 

Contrary to the Court, AJS is less expensive and it is affordable by all Kenyans . 

The cost of payment in court has become expensive and thus leading to many Kenyans not being able to afford it. 

Statistics show that almost 20% of Kenyans use the courts to get justice. 

He explained that the Alternative Justice System is growing rapidly and ask Kenyans to continue using it. 

"We shall have conflicts. It is the way to solve conflicts that happen. That is why it is expanding," he stated. 

The Constitution of Kenya allows disputes to be resolved through various means such as courts and AJS. 

"It is the constitution that says we should solve our problems through various means, not only the court. The court is not the only way, look for another way," explained the judge. 

He has advised Kenyans and the Council of Elders not to misuse the AJS system for their own benefit but to use it in a transparent and equitable manner for the benefit of society. 

However, he has said that the way of AJS has been despised for many years and therefore he wants Kenyans to give it respect and dignity. 

"Let us not use this opportunity to corrupt it, again to make it funny, again to call it Kangaroo. Let us give it respect," Judge Wanjala urged. 

The Judiciary in collaboration with the national government and County Governments has been running a campaign to launch many AJS centers to enable community's problems to be resolved in a timely manner.