Judiciary to offload cases to arbitration and small claims courts

Chief Justice David Maraga has said the Judiciary is laying down structures to offload succession cases to arbitration and mediation in a bid to reduce their back log in the court.

CJ Maraga said these cases take long to be concluded yet there is an alternative mechanism to have them resolved amicably.

He said this method will help to promote peaceful coexistence in society as the parties will be required to come up with a solution for themselves.

He pointed out that these cases are very emotive and in most cases, some parties are not contented with the court ruling and at times it turns chaotic.

“We only need to engage the elders as the mediators and the consensus which they come up with shall be upheld,” he said.

Speaking in Kangema, Murang’a County during the opening of a new court, the Chief Justice said the Judiciary is working to reduce the workload of the cases which have been pending for years.

“If we offload these cases, the staff will not be overwhelmed and they will expedite other cases before them” he said.

The CJ also said there are plans to establish small claims court in various parts of the country which shall be handling minor cases.

He pointed out these cases have also been pulling up in courts inflating the workload.

“We have cases which essentially are not supposed to take more than six months to be concluded but they go up to three years. These courts will handle such,” he remarked.

The CJ noted that cases of drug abuse, defilement are also on the rise urging the community leaders to aid in counseling the youth to avert them from engaging in these vices.

Area Governor Mwangi Wa Iria said the county government shall aid in the arbitration process by providing the necessary logistics.

He said they shall have the list of all the succession cases and find a way to have them concluded in the shortest time possible.

“If a family cannot transfer land ownership due to a standoff, that is also a form of injustice,” he said.

The governor also said the county has given out a two-acre piece of land for the construction of a modern court.

Kangema Member of Parliament Muturi Kigano who is also the Chair Justice and Legal Affairs Committee in Parliament said he shall be responsive to the needs raised by the Judiciary.

He however urged the CJ not to be going public on the issues irking him and instead look for other channels to give out his grievances.