Kenyans urged to embrace alternative dispute resolution mechanisms for improved access to justice

By Peter Ochieng

Alternative dispute resolution mechanisms have been touted as a game changer in facilitating access to justice across the country.

Speaking at the Mama Grace Onyango Social Centre on Friday during the launch of Kisumu Alternative Justice Systems (AJS) County Action Plan, Model and Suites, Dr. Smokin Wanjala, Supreme Court judge, said not all disputes should end up in courts.

Wanjala who doubles up as the Director General, Kenya Judiciary Academy noted that time is ripe to conduct multi stakeholder engagements, aimed at changing the mindset of Kenyans, creating awareness and increasing access to justice platforms.

“Alternative Justice Systems have long been used to resolve disputes within Kenyan communities. Due to colonial disruptions, these systems were delinked from formal justice systems and relegated to inferior status. Against this backdrop, and with the industry of AJS champions, practitioners, civil society actors and various interfaith organizations, the adoption of the AJS Policy Framework (2020) was a key milestone by the Committee and its stakeholders,” he said.

His sentiments were echoed by Kisumu governor Anyang’ Nyong’o. “Traditional dispute resolution mechanisms, such as elders' councils (barazas), community assemblies (Nyumba Kumi), and customary courts (Kangaroo Courts), are deeply rooted in Kenyan culture and customs,” said the second tern county boss.

“They provide a familiar and culturally appropriate forum for resolving disputes, especially in rural and marginalized communities where formal legal institutions may be distant or unfamiliar,” he added.

While laying emphasis to the role played in AJS in making justice accessible, Prof. Joel Ngugi, Kisumu Court of Appeal judge said 64 percent of Kenyans get justice through AJS, 17 percent seek justice in courts, while 19 percent have no access to justice.

“I encourage parties to consider AJS even if the matter is already in the Court of Appeal so as to resolve disputes in a much cheaper and efficient way,” emphasized Justice Hannah Okwengu, Kisumu Court of Appeal presiding judge.

The Kisumu AJS becomes the 7th in the country, after a similar venture was undertaken in 6 Counties which include Kajiado, Mandera, Nakuru, Narok and Uasin Gishu.