Judge lauds ADR, says it's good for resolving disputes

Mombasa High Court Judge John Mativo  has said there is a need for an awareness campaign on Alternative Dispute Resolution system because it's still unknown to many.

Alternative Dispute Resolution is an efficient way of solving cases that have taken long in the corridors of justice.

He said that since 2010, the country’s legal aspect changed when the constitution recognised ADR and the traditional mechanism methods.

“There are a lot of benefits in this approach, a people -centred dispute resolution mechanism is more acceptable than a court decision," 

"This is because people sit and agree what is good for them. It's based on their values and sense of justice and what they believe in."

 “So when you tell people to go and discuss the dispute no matter the nature of it, they will come up with an acceptable resolution which and move on,” Mativo said.

He said that the ADR system is also reconciliatory in nature, where people forgive each other and move.

He said this is opposed to when somebody goes to jail which is like a punishment and leaves a wound in the hands of those affected.

Mativo said that by insisting on ADR as a way of access to justice, the judiciary shall be doing what the constitution commands.

“As I always say, before the judge on trial knows the truth and gets the matter right, the party suffers most," he said.

"However, when they go and discuss what is good for them, they lay everything on the table and come up with the best approach to resolving a dispute."

He said that access to justice has been limited to formal courts and tribunals, most of which are inaccessible to communities in rural areas.

Mativo said that the judiciary has endeavoured to decentralise courts but such communities still face challenges in accessing them.

“Some of the challenges include complexity of the court procedures, use of legalese during processes which creates language barrier, delay in expedition of matters due to backlog of cases, lack of finances to cater for court fees and lack of cases on Alternative Justice System as a form of resolving disputes," he said.

He said that in acknowledgement of the constitutional duty to promote access to justice, the judiciary is committed through the Judiciary Transformation Framework to improve access to justice.

“The judiciary is working towards ensuring that there is increasing number of mobile courts and developing a strategy to ensure that they work," he said.

'This will happen by establishing effective system which include a litigant’s charter to provide information on court’s jurisdiction, fees and calendar and reducing the cost of accessing judicial services.”

He said that the effective system also includes the promotion of and facilitation of ADR

Mativo spoke during the first Coast colloquium on access to people centred justice.

(Edited by Tabnacha O)