CJ Koome pushes access to justice reforms in Nairobi

Chief Justice Martha Koome has called for the transformation of Africa's justice systems to make them more accessible, inclusive and responsive to the needs of ordinary citizens.

Speaking during the opening of the third Africa Chief Justices' Alternative Dispute Resolution (ADR) Forum in Nairobi on Friday, Koome said many Africans continue to face barriers in accessing justice despite constitutional guarantees and legal protections.

"We gather at a time when access to justice remains one of the defining challenges confronting African societies. While our constitutions and statutes promise justice for all, the lived experiences of many Africans tell a more complex story," she said.

The Chief Justice cited findings from the latest Afrobarometer survey, which showed that only about half of citizens across 38 African countries believe ordinary people who suffer injustice can obtain redress through the courts.

She noted that many people still seek justice through traditional leaders, community elders, religious leaders and other community-based dispute resolution mechanisms.

"The findings challenge us as judicial leaders to create pathways through which disputes can be resolved quickly, fairly, affordably and in ways that strengthen rather than fracture communities," Koome said.

She said African judiciaries must broaden their understanding of justice and strengthen alternative dispute resolution and alternative justice systems to complement formal court processes.

Koome reaffirmed Kenya's commitment to promoting Alternative Justice Systems and Alternative Dispute Resolution, describing them as key pillars of judicial transformation.

She observed that while courts remain essential in protecting constitutionalism, human rights and the rule of law, they are not the only legitimate avenues through which justice can be achieved.

The Chief Justice also highlighted the growing role of alternative dispute resolution in supporting economic development, saying efficient mechanisms are critical in enhancing investor confidence, reducing transaction costs and preserving business relationships.

"Commercial justice must be viewed as a form of economic infrastructure," she said.

President William Ruto, who officially opened the forum, urged African countries to embrace the continent's long-standing traditions of dialogue, mediation and reconciliation.

Ruto said ADR is deeply rooted in African societies and should be strengthened to improve access to justice across the continent.

The President noted that Kenya's court-annexed mediation programme has returned more than Sh52 billion to the economy and restored over 8,000 family relationships since 2016.

He also pledged to lobby fellow African leaders to increase support for judicial institutions, saying courts are facing growing caseloads, rising public expectations and technological demands amid shrinking budgets.

"If we ask our courts to be engines of peace, investment and cohesion, we must equip them for the task," Ruto said.

The two-day forum has brought together Chief Justices, judges, judicial officers, ADR practitioners, legal scholars and development partners from across Africa under the theme: "A Justice System That Serves, Listens and Resolves: Advancing ADR and Alternative Justice Systems for Peace, Inclusion and Prosperity in Africa."