Most Kenyans resolve their conflicts through Alternative Dispute Resolution (ADR) – CJ Koome
Most Kenyans resolve their conflicts through Alternative Dispute Resolution (ADR) – CJ Koome
KAJIADO (AFRICA NAZARENE UNIVERSITY), November 18, 2024 – Chief Justice Martha Koome says majority of Kenyans resort to alternative dispute resolution compared to the few who seek justice through courts.
The Chief Justice noted this validates the alternative dispute resolution mechanisms enshrined in Article 159 and affirmed in the ‘Judiciary’s Social Transformation through Access to Justice’ blueprint as part of the multi-door approach.
The CJ said that according a 2017 Judiciary-led ‘Justice Needs and Satisfaction Survey,’ only 10 per cent of Kenyans with disputes sought court-based solutions and 19 per cent took no action to resolve their issues, citing cost, complexity, and time as barriers while 71 per cent of Kenyans, turned to alternative mechanisms or endured their grievances without redress.
She noted that the findings reflect the alienation many citizens feel from the formal judicial system. “Importantly, they validate the alternative dispute resolution mechanisms enshrined in Article 159 and affirmed in the Judiciary’s ‘Social Transformation through Access to Justice’ blueprint as part of the multi-door approach.”
Further, the CJ explained that the 2010 Constitution explicitly mandates courts and tribunals to promote alternative dispute resolution mechanisms, including reconciliation, mediation, arbitration, and traditional methods.
“This directive underscores that the delivery of justice extends beyond courtroom litigation, embracing a holistic, people-centred framework—what we now refer to as the ‘Multi-Door Approach to Justice Delivery”, said CJ Koome
The Chief Justice was speaking at Africa Nazarene University (ANU) when she gave a Public Lecture on ‘The Multi–Door Approach to the Delivery of Justice’ where she also launched the University’s Young Arbitrators Society.
“By establishing this society, the university is not only providing a platform for students to engage with arbitration, but also instilling in them the values of alternative dispute resolution as legitimate and effective avenues for resolving conflicts,” CJ Koome said.
She added: “This forward-thinking step will undoubtedly shape the next generation of skilled arbitrators, who will play a key role in promoting access to justice, reducing case backlogs, and enhancing the efficiency of our legal system.”
The Chief Justice encouraged the students to embrace their journey of legal education with passion and purpose. “As you hone your skills, be open to innovation and embrace the evolving landscape of dispute resolution, including mediation, arbitration, and alternative justice systems. These tools will empower you to serve society in transformative ways,” she explained
She commended the University for being at the forefront of fostering a culture of the multi-door approach to justice. “I commend Africa Nazarene University for its leadership in this regard and encourage the students to embrace this opportunity to deepen their understanding and practice of arbitration as a vital component of our justice system.”
During the lecture, CJ Koome gave an in-depth discourse on the three alternative forms of disputes resolution – Mediation, Arbitration and Alternative (Traditional) Justice System (AJS) and how they work within the Kenyan justice system.
The CJ’s Africa Nazarene University Public Lecture is part of Supreme Court lecture series meant to commemorate the Supreme Court at 12 years, whose theme is: “Introspecting and Reflecting on the Supreme Court’s Jurisprudence: 12 Years of Defending the Constitution.”
