Make alternative justice work for us, Garissa residents tell state

Stakeholder in Garissa call for enhanced documentation of outcomes arising from AJS proc

Garissa residents have called for enhanced documentation of outcomes arising from Alternative Justice System (AJS) processes and closer collaboration between AJS structures and the formal judicial system through referrals in appropriate cases.

The calls emerged during a two-day Alternative Dispute Resolution stakeholders’ training organised by the Kenya National Commission on Human Rights in Garissa.

Participants drawn from different sectors emphasised the need to strengthen awareness, empowerment and capacity building on AJS mechanisms among communities.

They also recommended that the AJS conversation be taken to the grassroots level, with every sub-county covered to ensure wider public understanding and participation.

Irshad Yussuf, a local human rights defender, underscored the importance of collaboration among different AJS mechanisms and the need to properly document final outcomes of cases handled through the systems.

He stressed the need to engage traditional dispute resolution mechanisms on their limits to ensure they operate within the law and respect human rights principles.

“There is a continued need to strengthen sensitisation and awareness creation programmes targeting stakeholders and community members across Garissa County to enhance public understanding of the Alternative Justice System,” Yussuf said.

He said that despite ongoing efforts, a significant proportion of residents remain unaware of the scope, mandate, and operational framework of AJS, including the types of disputes it can appropriately handle and its relationship with the formal justice system.

Participants from different sectors from Garissa during the two-day stakeholders’ meeting organised by the KNCHR /STEPHEN ASTARIKO

Hamdi Bishar, a Garissa-based human rights activist, highlighted Sexual and Gender-Based Violence (SGBV) as a major concern, noting that such cases should never be subjected to informal justice mechanisms.

She called for increased awareness among residents and those handling dispute resolution systems to ensure SGBV cases are addressed through the formal justice system.

“Enhancing awareness programmes among residents and those handling community dispute resolution processes must be prioritized. This will help prevent inappropriate handling of SGBV matters through informal mechanisms and ensure survivors receive proper legal protection, support, and access to justice,” she said.

“Sustained collaboration between justice sector institutions, county leadership, civil society organizations, and community structures will be critical in advancing awareness, safeguarding human rights, and promoting effective and accountable dispute resolution systems within the county,” she added.

Joseph Ndiku, the acting CEO at the KNCHR, said AJS is an acceptable mode of accessing justice that complements the judiciary and advances the realization of Article 48 of the Constitution on access to justice.

“There’s a need to transform any AJS mechanisms that do not comport with the Constitution to ensure compliance with human rights principles and standards,” Ndiku said.

He noted that AJS reflects the lived realities of many communities and is widely embraced at the grassroots level.

Ndiku added that although some AJS mechanisms operate autonomously, adherence to constitutional provisions under Article 159(3) remains critical.

“The traditional dispute resolution mechanisms must ensure that whatever they do is within the confines of the Constitution. There should never be cases of human rights violations,” he said.

He said the training identified the need for proper documentation of AJS outcomes and closer collaboration between AJS mechanisms and the formal judicial system through referrals where necessary.

“So, as a commission, we will now retreat and look at some of the challenges that have been identified and how best the commission can contribute towards solutions jointly or in consultation with community members,” Ndiku added.

In September last year, Chief Justice Martha Koome launched the Garissa Alternative Justice System initiative, paving the way for residents to resolve disputes outside conventional courts.

The Judiciary officially recognized Alternative Justice Systems in 2020 through the launch of the AJS Policy, creating a constitutional framework for such mechanisms.

Cyrus Maweu, the head of legal service at the KNCHR explains a point during the stakeholders' engagement. /STEPHEN ASTARIKO