Supreme Court Judge and Director Kenya Judiciary Academy (KJA) Dr Smokin Wanjala presided over the launch of the Alternative Justice Systems (AJS) County Action Plans and Suites in Kisumu County to facilitate access and promote people-centred justice.
The launch by Dr Wanjala shows the efforts by the Judiciary to intensify efforts to promote and implement Alternative Justice Systems (AJS) across the country.
The initiative by Kenya’s justice system comes as part of a broader strategy to integrate informal justice mechanisms with the formal judicial system, a step that has been long overdue due to historical disruptions and colonial influences that marginalized traditional dispute resolution methods.
Historically, According to a Judiciary Framework Policy, Alternative Justice Systems have been deeply embedded in Kenyan communities, serving as primary avenues for resolving disputes.
These systems, which include customary and traditional mechanisms, were effective and widely trusted by residents in different parts of the country.
However, colonial disruptions severed their connection with formal justice systems, relegating them to an inferior status in the country’s legal architecture.
“Against this backdrop, and with the industry of AJS champions, practitioners, civil society actors and various interfaith organizations, the adoption of the AJS Policy Framework (2020) was a key milestone,” said Justice Wanjala.
This disconnection led to a reliance on formal judicial processes that are often inaccessible and costly for many Kenyans.
Recognizing the vital role of AJS in addressing the justice needs of the populace, the Judiciary, under the guidance of Justice Smokin Wanjala and other key stakeholders, adopted the AJS Policy Framework in 2020.
This framework was a milestone in the effort to formally recognize and integrate AJS into the national justice system.
A survey conducted by the Judiciary in 2017, titled the ‘Justice Needs and Satisfaction Survey,’ revealed that only 10 per cent of those with justice needs resort to formal institutions to resolve their legal issues.
The above translates to a balance of 90 per cent who are the majority and resolve their issues in the Alternative Justice System.
This statistic underscores the barriers many Kenyans face in accessing formal justice, including high costs, procedural complexities, and geographical limitations.
According to the study, AJS offers a more accessible, affordable, and culturally relevant alternative, though it requires strengthening to ensure fairness and adherence to human rights standards and the laws of the land.
The AJS Policy aligns with Article 159(2)(c) of the Kenyan Constitution, which mandates the promotion of traditional dispute resolution mechanisms.
Additionally, it reflects the principles of the United Nations Sustainable Development Goal 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable institutions.
The implementation of the AJS Policy has had a tangible impact on access to justice in Kenya.
By facilitating the resolution of numerous disputes outside the formal court system, AJS has alleviated the burden on the judiciary and helped reduce case backlogs.
Notable efforts include the launch of AJS Suites (Ukumbi) in counties such as Isiolo, Kajiado, Nakuru, and Lamu.
These centres serve as hubs for AJS activities, providing communities with accessible venues for dispute resolution.
Furthermore, the launch of AJS County Action Plans in Kajiado and Nakuru represents a strategic expansion of AJS initiatives, ensuring that more Kenyans benefit from these systems.
These actions have not only improved access to justice but have also fostered a more equitable and inclusive judicial landscape.
In collaboration with the National Steering Committee on the Implementation of AJS (NaSci-AJS), the Judiciary convenes an annual AJS Conference to educate Kenyans and stakeholders about informal and traditional justice systems and their role in enhancing access to justice.
Such initiatives are crucial for raising awareness and fostering acceptance of AJS among the broader population.
“The AJS Policy outlines five strategic intervention areas: the formal recognition and case identification of AJS; strengthening practitioner selection; the development of procedures and customary law jurisprudence; effective intermediary interventions; and sustainable resource allocation. These strategic areas ensure the effective functioning of AJS centres,” the policy framework stated.
The vision of the AJS Policy is to expand freedom, inclusivity, equity, and balanced access to justice for all Kenyans.
Its mission is to ensure effective and efficient access to justice by respecting, protecting, and transforming AJS mechanisms in Kenya.
“By integrating AJS into the broader judicial framework, the Judiciary aims to create a more responsive and holistic justice system,” the policy explained.
By bridging the gap between informal and formal justice mechanisms, the Judiciary is fostering a more inclusive, equitable, and efficient justice system.
The ongoing initiatives, including the launch of AJS centres and educational conferences, demonstrate a commitment to ensuring that all Kenyans have access to justice, regardless of their socio-economic or geographic status.
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