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Chief Justice Martha Koome advocates for resolving a substantial number of disputes outside the court system to alleviate the pressure on overwhelmed and paralyzed courts.

Speaking at the launch of six Alternative Justice Systems (AJS) suites and a new court in Moiben, Uasin Gishu County, Koome emphasized the importance of expanding access to justice, particularly for vulnerable and marginalized communities.

Martha Koome’s launch

The newly launched AJS suites are located in Turbo, Kesses, Ainabkoi, Kapseret, and Soi. Koome highlighted the “multi-door approach to justice,” which offers various pathways to resolve disputes, enhancing access to justice and addressing issues related to cost-effectiveness and the speed of justice delivery.

“By channeling a significant number of disputes for resolution outside the courts, we will avoid the current problem of courts that are swamped and paralyzed with disputes that might be better resolved elsewhere,” Koome stated.

Koome stressed the importance of promoting Alternative Justice Systems (AJS) to address the root causes of conflicts and grievances that lead to disputes.

She highlighted that AJS empowers community elders and members to uncover and resolve these underlying issues, thereby promoting reconciliation and peaceful coexistence within communities.

Koome contended that this community-based method is a strong reason to support and advocate for AJS.

“The key reason why we ought to promote AJS is about going upstream to deal with the root cause of conflicts and grievances that lead up to disputes. AJS allows the elders and members of the community to unearth and work towards resolving the root cause of conflict and promote reconciliation therefore ensuring the peaceful co-existence of our communities. This is a sufficient reason why we should champion AJS,” he added.

Koome considers AJS an ideal forum for dispute resolution as it is more accessible, affordable, familiar, and less formal than traditional court systems.

AJS focuses on substantive justice and restorative justice, ensuring social inclusion and addressing the justice needs of entire communities rather than just individuals.

“In the Judiciary’s Social Transformation through Access to Justice (STAJ) blueprint, there is a call for a people-centered justice system, positioning the people as both champions and beneficiaries of justice. This approach aims to contribute to a just social order and promote peaceful coexistence in communities and the country,” she stated.

Martha Koome’s plan

This announcement comes on the heels of Koome unveiling a bold plan to address the backlog of cases in the High Court. As she swore in 20 newly appointed judges, Koome introduced the Rapid Results Initiative (RRI), aimed at expediting case resolution.

Under the RRI, the judges will focus on resolving 12,000 pending cases within six months across seven divisions of the High Court at Milimani Law Courts.

Koome explained that the initiative will subsequently extend to courts throughout the wider Nairobi Metropolitan Area, to resolve an additional 9,417 cases.

Each newly appointed judge will manage an average caseload of 873 cases. To further alleviate pressure on the judicial system, judges will also oversee Community Service Orders.

This strategy targets individuals convicted of minor offences, aiming to reduce inmate populations and address prison congestion.

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