Chief Justice Martha Koome has urged Kenyans to embrace Alternative Dispute Resolution (ADR) methods, including Mediation and Alternative (Traditional) Justice Systems (AJS), to resolve disputes more efficiently and avoid lengthy court battles.
Speaking at the launch of the Kamwangi Law Courts in Gatundu North, Kiambu County on Thursday November 14,2024, the Chief Justice emphasized the importance of using ADR to provide a culturally relevant, timely, and accessible means of settling conflicts.
Justice Koome noted that ADR offers individuals the chance to resolve disputes in settings that reflect their unique cultural contexts and traditions, ultimately creating a more inclusive and community-centered justice system.
“Mediation provides an opportunity for parties to come together and find common ground without the adversarial nature of traditional litigation.
In communities like Gatundu North, where personal and family relationships are often intertwined with matters such as land and business, mediation can preserve these valuable ties while reaching a mutually beneficial solution,” she explained.
Highlighting the positive impact of mediation on societal cohesion, the Chief Justice stressed that resolving conflicts through dialogue and mutual respect helps strengthen community bonds and fosters long-term peace.
She encouraged the residents of Gatundu North to adopt the ADR approach, noting that it was a key tool for building stronger, more harmonious communities.
In addition to promoting mediation, Justice Koome also championed the Alternative (Traditional) Justice Systems (AJS), which offer culturally appropriate and often faster methods of dispute resolution.
AJS, she said, opens up new pathways to justice by allowing communities to resolve conflicts using their traditional practices, tailored to their unique circumstances.
The launch of Kamwangi Law Courts is part of the Judiciary’s ongoing efforts to expand access to justice across the country.
“The Kamwangi Law Courts mark a significant milestone in our quest to create a people-centered justice system. This is a direct response to the need to improve access to justice for all Kenyans, particularly those in remote areas,” said Justice Koome.
The establishment of the Kamwangi Law Court will address geographical barriers by providing court services to local residents without the hardship of traveling long distances to neighboring constituencies.
This is in line with the Judiciary’s Social Transformation Through Access to Justice (STAJ) blueprint, which aims to increase access to justice for vulnerable and marginalized communities.
Kamwangi Law Courts, which will handle both criminal and civil cases, represents a step closer to the Judiciary’s goal of ensuring that no Kenyan is more than 100 kilometers away from a magistrates’ court.
With Kamwangi being the 141st magistrates’ court, Justice Koome acknowledged that 149 constituencies still lack a magistrates’ court.
“I call on leaders from the remaining constituencies to join us in expanding access to justice. Together, we can ensure that every Kenyan has access to fair and timely judicial services,” she said.
Through continued collaboration, Justice Koome emphasized that the Judiciary aims to bring justice closer to the people, enabling communities to access vital legal services without undue financial or logistical burdens.
The launch of Kamwangi Law Courts is a testament to the transformative power of partnerships between the Judiciary and local leaders in ensuring that justice is accessible to all Kenyans.
