Chief Justice Martha Koome has revealed that more Kenyans are seeking alternative and quicker ways to seek justice rather than turning to the courts.
Speaking at the African Nazarene University on Monday, November 19 Koome revealed that more Kenyans resort to alternative dispute resolution compared to the few who seek justice through courts, citing these methods to be way quicker than the courts.
According to a 2017 Judiciary-led ‘Justice Needs and Satisfaction Survey,’ only 10 per cent of Kenyans with disputes sought court-based solutions.
As per the findings in the survey, 19 per cent of Kenyans take 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.
According to the CJ, Kenyans are seeking other forms of justice like mediation, arbitration, and an Alternative (traditional) Justice System.
Other forms of out-of-court justice systems Kenyans are seeking include negotiation, collaborative law, and conciliation.
This preference for Alternative Dispute Resolution (ADR) validates its importance and effectiveness as highlighted in the Constitution and the Judiciary's plans.
“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," the CJ revealed.
Koome revealed that the 2010 Constitution encourages the use of ADR to make justice more accessible, efficient, and quick.
“This directive underscores that the delivery of justice extends beyond courtroom litigation, embracing a holistic, people-centered framework. What we now refer to as the ‘Multi-Door Approach to Justice Delivery”, said CJ Koome.
The CJ was speaking while giving a public lecture on 'The Multi-Door Approach to the Delivery of Justice' where she launched the University's Young Arbitrator Society.
According to the CJ, the Society is aimed at instilling the value of alternative dispute resolution and legitimate and effective avenues for resolving conflicts.
This according to the CJ will embrace a forward-thinking step that 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 the legal system.
Koome's revelations come at a time when the court is seeking to reduce the blockage in the courts. The judiciary also launched new technology to automate court processes and deliver quality Judicial services efficiently and effectively.
