CJ Koome pushes alternative justice to ease court backlog

Chief Justice Martha Koome has intensified the Judiciary's drive to expand Alternative Justice Systems (AJS) across the country, saying community-based dispute resolution is key to improving access to justice, reducing court backlogs and resolving family and land disputes faster.

In recent weeks, the Chief Justice has launched county-specific AJS frameworks in Kericho, Bomet and Kisii, describing the initiatives as part of the Judiciary's implementation of Article 159 of the Constitution, which recognizes alternative forms of dispute resolution.

However, Law Society of Kenya expressed dissatisfaction with the approach, saying it diverts the right of Kenyans to get sustainable solutions to justice that incorporate quality legal support and dependable justice.

LSK president Charles Kanjama said the lawyers’ body has shared with the Judiciary over the matter. He said they hope the Judiciary will slow down and incorporate stakeholder feedback if ‘they truly seek transformation in the justice sector’.

“The Judiciary should improve the efficiency of its processes, systems and officers and should enhance its performance management and measurement systems to accomplish this,” he said.

Other than Kericho, Bomet and Kisii, similar programmes have been launched in Kajiado, Nakuru, Mandera, Turkana, Narok, Kisumu, Trans-Nzoia, Uasin-Gishu, Isiolo, Marsabit, Mombasa, Garissa and Embu counties.

Explaining the system, Justice Koome said AJS complements rather than replaces the formal court system by allowing suitable disputes to be resolved through dialogue, mediation and reconciliation while safeguarding constitutional values, human rights and the rule of law.

"The true measure of justice is not the location of a courtroom, but every person's ability to obtain fair, timely and dignified resolution of disputes," she said.

The Judiciary has increasingly embraced mediation and traditional justice mechanisms to resolve disputes, particularly family, succession, land and boundary conflicts, leaving courts to focus on cases that require judicial determination.

Judicial Service Commission commissioner Everlyne Olwande noted during the launch in Kisii that family courts have already embraced mediation and AJS, enabling parties to reach amicable, win-win solutions instead of engaging in lengthy litigation.

The Judiciary says the strategy is already contributing to improved court performance.

According to the 2024/25 State of the Judiciary and Administration of Justice Report, courts received 621,425 new cases and concluded 647,686, achieving a Case Clearance Rate of 104 percent, meaning more cases were resolved than were filed during the year.

The report also shows pending cases fell by three percent while the overall case backlog reduced by 30 percent despite a 20 percent increase in new filings. This marks a significant improvement from the 2020/21 financial year when the Judiciary recorded a Case Clearance Rate of 83 percent.

However, delays remain a major challenge. The Judiciary reported that the leading causes of adjournments during the 2024/25 financial year were the absence or unpreparedness of witnesses, which accounted for 16.8 percent of adjournments, followed by parties not being ready to proceed at 12.3 percent, advocates not being ready at 11.5 percent and courts being engaged in other official duties at 10.9 percent.

The Judiciary says expanding mediation and AJS can reduce pressure on courts by diverting suitable disputes away from lengthy litigation, thereby allowing judges and magistrates to focus on matters that require formal judicial determination.

Justice Koome said the county action plans are informed by justice needs assessments conducted in each county to ensure locally tailored solutions.

In Kisii, the assessment identified land disputes as the leading cause of conflict, followed by succession, family and boundary disputes. It also found that litigation costs, procedural complexity, long distances to courts and delays remain major barriers to justice, even as residents continue to place significant trust in community-based dispute resolution.

"The diversity of justice needs across our counties requires locally designed interventions. The county-by-county approach ensures that every Action Plan reflects the realities of the communities it serves while remaining firmly anchored in the Constitution and national policy," she said.

The Chief Justice said the new AJS registries and suites established in Kisii, Ogembo, Etago, Bomet and Sotik law courts will strengthen referrals between courts and community justice mechanisms, improve public legal awareness and enhance coordination among justice institutions.

She emphasized that AJS must always operate within constitutional safeguards and should never be used to resolve serious criminal offences such as sexual violence and defilement, which belong in the formal criminal justice system.

The initiative forms part of the Judiciary's Social Transformation through Access to Justice (STAJ) Blueprint, which promotes a multi-door approach to justice by providing citizens with different avenues for resolving disputes.

Deputy Chief Justice Philomena Mwilu said AJS also supports the objectives of devolution by bringing justice closer to the people and strengthening community participation in governance.

In a speech delivered on her behalf during the Kericho launch, Justice Mwilu said communities cannot achieve sustainable economic growth without effective systems for resolving disputes, enforcing rights and holding institutions accountable.

She cited Kericho's agricultural economy, where disputes frequently arise over land boundaries, succession, grazing rights, water resources, labour relations and family matters.

"Just as devolution deepens democracy by making government more accessible and answerable to the people, AJS does exactly the same from an access to justice perspective," she said.

She warned that unresolved disputes delay investment, disrupt agricultural production, fracture families and weaken social cohesion, while effective community-based dispute resolution promotes peace and economic development.

Justice Mwilu said the success of AJS should not be measured merely by the number of disputes handled but by tangible outcomes such as reconciled families, restored relationships, productive use of disputed land, stronger protection of vulnerable groups and increased public confidence in the justice system.

During the launch, Kisii Governor Simba Arati said the partnership with the Judiciary would enable disputes to be resolved more quickly, affordably and amicably while reducing reliance on lengthy court processes.

Bomet Governor Hillary Barchok said AJS offers a restorative approach that is particularly effective in resolving land disputes and pledged county resources to strengthen mediation centres and train mediators.

Chief Registrar of the Judiciary Winfridah Mokaya said the initiative builds on long-standing indigenous justice systems while aligning them with constitutional principles.

"Every dispute resolved through dialogue is more than a case concluded; it is a family reunited, neighbours reconciled, and confidence in justice renewed," she said.

She added that investing in community-based justice saves public resources by reducing litigation costs, easing pressure on courts and strengthening social cohesion.

Justice Koome said the Judiciary will continue working with county governments, community leaders and development partners to expand Alternative Justice Systems across the country as part of efforts to deliver affordable, timely and people-centred justice.

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