AJS can boost access to justice, peace and development, says DCJ Mwilu

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AJS can boost access to justice, peace and development, says DCJ Mwilu

Alternative Justice Systems (AJS) can play a critical role in improving access to justice, strengthening social cohesion and driving economic development in Kenya’s counties, Deputy Chief Justice Philomena Mbete Mwilu has said.
In a speech read on her behalf by the chairperson of National Steering Committee of the implementation of AJS, Justice (Prof) Joel Ngugi during the launch of the Kericho County Alternative Justice Systems County Action Plan, the Deputy Chief Justice said communities should remain central to the development and implementation of justice solutions.
She said the initiative should ensure that justice begins where people live, work, raise their families, cultivate their land and build their communities. The County Action Plan, she added, demonstrates a commitment to creating a justice ecosystem where different justice actors and institutions complement one another.
Justice Mwilu linked AJS to the objectives of devolution, saying both were people-centred constitutional projects designed to bring governance and public services closer to citizens.
She said devolution seeks to redistribute power, democratise governance and promote equitable development, while AJS similarly brings justice closer to communities by providing accessible mechanisms for resolving disputes.
“Just as devolution deepens democracy by making government more accessible and more answerable to the people; AJS does exactly the same from an access to justice perspective,” she said.
Justice Mwilu said effective access to justice was a critical foundation for county development, noting that communities could not achieve economic growth, social cohesion and sustainable development without effective ways of resolving disputes, enforcing rights and holding institutions accountable.
She cited Kericho’s agricultural economy as an example of why accessible dispute resolution mechanisms are important. The county’s disputes often involve land boundaries, succession, grazing rights, water resources, labour relations, contracts, family matters and shared community resources.
She said unresolved disputes could have far-reaching economic and social consequences by delaying investment, disrupting agricultural activities, fracturing families and weakening relationships within communities.
“A peaceful farming community is a productive farming community; a community whose disputes are resolved fairly and promptly is one that can focus its energy on growing crops, expanding businesses and educating its children instead of sustaining unnecessary conflict,” Justice Mwilu said.
She said AJS provides an opportunity to address disputes before they escalate into major conflicts by bringing together trusted elders, community leaders, religious leaders, women and youth representatives to facilitate dialogue and reconciliation.
Justice Mwilu described AJS as more than a justice initiative, saying it was also a peace-building, economic development and social cohesion intervention capable of strengthening communities and preventing conflict.
She noted that many everyday disputes in Kenya are resolved outside formal courts through dialogue, reconciliation, consensus-building and restoration of relationships. AJS therefore complements the formal court system by providing additional avenues for resolving appropriate disputes while preserving relationships.
The DCJ said the County Action Plan would provide a structured roadmap for the Judiciary, county governments and other justice stakeholders to identify local justice needs, strengthen referral pathways and build institutional capacity.
She said the success of the plan should not be judged merely by the number of disputes referred to AJS, but by its impact on people’s lives — including reconciled families, restored relationships, productive use of disputed land, stronger protection of vulnerable groups and increased public confidence in the justice system.
Justice Mwilu challenged justice institutions to continuously learn from communities and use research and data to improve justice delivery and make courts and tribunals more responsive to the people they serve. She commended the National Steering Committee on AJS, the Kericho County Government, judicial officers, Court Users Committees, elders, AJS practitioners and development partners for supporting the initiative.
She said Kericho had an opportunity to demonstrate how justice can become an instrument of peace, social cohesion and sustainable development, describing the County Action Plan as a potential blueprint for strengthening communities, protecting livelihoods and securing a peaceful and productive future
Speaking during the launch of the AJS Suite, Kericho County Governor noted that the initiative would make justice more accessible, responsive and people-centred.
“Today’s launch of the Kericho County Alternative Justice Systems Suite is more than the opening of an office. It is a demonstration of what can be achieved when independent institutions and county governments work together to serve the people,” Dr Mutai said.
The Governor said the launch marked a stronger partnership between the Judiciary and county governments and demonstrated that devolution was also about strengthening institutions that promote justice, peace and social cohesion.

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