Garissa: Chief Justice Martha Koome has affirmed that Article 159(2)(c) of the 2010 Constitution obligates the Judiciary to promote alternative forms of dispute resolution, including traditional systems. The Chief Justice said Alternative Justice Systems (AJS) are not new to Kenyans as they are as old as the communities living in the country are.

According to Kenya News Agency, Chief Justice Koome explained that for generations, disputes have been resolved through councils of elders, family mediations, religious leaders, and community gatherings. She stated that the current initiative aims to rejuvenate these trusted methods of dispute resolution by integrating them into the formal justice system. Koome highlighted that AJS offers an effective, restorative, and humane way of resolving disputes, prioritizing reconciliation, preserving relationships, and promoting peace.

Koome emphasized that unlike the adversarial court process, AJS allows individuals to express themselves in their own voices, in familiar spaces, and in culturally resonant ways. The remarks were made during the launch of the Alternative Justice System model at the Garissa Law courts. The Chief Justice noted that the alternative system will enable residents to access traditional dispute resolution methods, which are already the default for over 56 percent of community disputes.

She further stated that 42 elders in the County have been trained to arbitrate disputes through AJS, and she noted that cases falling outside their purview are also considered. The Garissa Justice Survey revealed that more than half of the residents have been involved in disputes, with land conflicts accounting for nearly 40 percent of cases. Due to the vastness of Garissa County and scarcity of resources, accessing formal court stations has been challenging, making AJS a critical solution.

Garissa Governor Nathif Jama called for extending AJS to sub-counties to ensure communities in remote areas can access justice. He emphasized the need for justice systems to be available to those living near the Kenya-Somalia border. The Governor also advocated for the establishment of a Court of Appeal in the northern region to enhance access to justice amidst increasing development projects.

Other leaders present at the launch included Garissa Township Legislator Dekow Mohamed, Judicial Service Commissioner Fatuma Sichale, Chief Registrar of the Judiciary Winfridah Mokaya, and Judges Eric Ogolla, Prof. Joel Ngugi, John Onyiego, and Robert Limo, among others.