EASY, FAST, CHEAP

Over 90% cases can be resolved through alternative justice system

Judge Ngugi terms system as faster, effective and cheaper unlike use of courts.

In Summary
  • Justice Joel Ngugi, who chairs the steering committee, says 79 per cent of Kenyans prefer resolving their cases through AJS.
  • Ngugi was, however, quick to warn that not all cases could be resolved through AJS.
Justice Joel Ngugi has a word with Steve Ouma, the vice chairman Alternative Justice System Steering Committee during a retreat in Naivasha
Justice Joel Ngugi has a word with Steve Ouma, the vice chairman Alternative Justice System Steering Committee during a retreat in Naivasha
Image: GEORGE MURAGE

The Judiciary now says over 90 per cent of cases in courts can be resolved through the alternative justice system.

The AJS steering committee says the system would reduce backlog in the courts.

Justice Joel Ngugi, who chairs the steering committee, says 79 per cent of Kenyans prefer resolving their cases through AJS instead of going to the courts.

He termed the system as faster, effective and cheaper unlike the use of courts with cases taking over three years to be resolved.

“Under the alternative justice system, there are no lawyers, filing charges and the cases can be resolved in one day,” he said.

Addressing the press in Simba Lodge in Naivasha during the committee retreat, he admitted that lack of courts across the country had hindered quicker dispensation of justice.

The Court of Appeal judge added that currently there were 126 courts across the country against 290 sub-counties, thus denying justice to those in far-flung areas.

“It will take years to have courts in all the 290 sub-counties but through the alternative justice system, no structures are required,” he said.

Ngugi was, however, quick to warn that not all cases could be resolved through AJS, which was turning out to be popular at the community level.

He identified the cases as those involving interpretation of the Constitution and matters to do with children like defilement and their custody.

“Over 90 per cent of cases currently pending in our courts can be resolved through the alternative justice system apart from those involving minors,” he said.

Steering committee vice chairman Steve Ouma called on Kenyans to support the system as it is enshrined in the Constitution and is effective.

“The alternative justice system will promote social justice while observing human rights and dignity for all the parties,” he said.

The acting CEO in the National Legal Aids Services Flora Bidali was optimistic that the new system will help reduce the cases backlog in the country’s courts.

“The system will help secure justice for the marginalised, hasten the dispensation of cases and reduce the number of the cases that have been filed in the courts daily,” she said.

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