The judiciary is actively pursuing initiatives that will make Kenyans agents of justice, Chief Justice Martha Koome has said.
Koome was speaking during the opening of the 3rd Annual Alternative Justice Systems (AJS) Conference at Kabarak University in Nakuru County on Wednesday.
The meeting provided an ideal opportunity for vibrant conversations and exchange of ideas on how to accelerate people-centred justice in Kenya.
Koome said justice is both a process and an outcome. It recognises the protection of all Kenyans and offers vindication, restoration and restitution of harmonious social ties.
"When we recognise this remedial power of justice, we will realise the social transformation promise of our Constitution," Koome said.
The Chief Justice told participants that Justice Needs and Satisfaction Survey of 2017 established that only 10 per cent of Kenyans approach the courts to settle their disputes while 71 per cent go to various alternative avenues of dispute resolution.
It was further established that 19 per cent of Kenyans with legal problems do not take any form of action to resolve the problem or seek remedy.
She stated that the judiciary under the ‘Social Transformation through Access to Justice’ (STAJ) blueprint, seeks to position itself to contribute towards the realisation of the social justice aspiration of the constitution through adjudication of disputes, facilitation of justice dialogues, connection of justice champions and promotion of social harmony.
According to Koome the initiatives to champion a people-centred justice system include widening the doorways of justice beyond the confines of courtrooms through Alternative Justice Systems (AJS) and enhancing collaboration to close the justice gap.
"We are focused on widening and multiplying the doorways of justice to enhance our effectiveness and also augment partnerships and collaborations that allow Kenyans to be agents of their justice. This is our conscious contribution to close and address the justice gap," she said.
Koome added that AJS and the AJS policy are significant in aiding to close the justice gap.
AJS is the detailed meaning of what the Constitution refers to in Article 159(2)(c) as traditional, informal and other mechanisms used in access to justice in Kenya.
It involves mechanisms that are deeply ingrained in the cultural fabric that communities across Kenya, since time immemorial, have utilised to resolve conflicts.
Koome mentioned that the Judiciary has already rolled out AJS centres in seven counties and plans were underway to expand the dispute resolution model across the country.
"We are on the right track because we now have AJS County Action Plans in Kajiado, Nakuru, Mandera, Turkana, Narok and Uasin Gishu Counties. This is in addition to the launch of AJS Ukumbi (Suites) in Kajiado, Nakuru, Mandera, Samburu, Turkana, Lamu and Uasin Gishu in Moiben, Turbo, Kesses, Ainabkoi, Kapsaret and Soi," she said.
Koome is certain that judges will continue to innovate approaches that enhance access to justice by expanding and re-tooling alternative justice systems.
She also stated the novel methods which must ensure that the justice seeker remains at the centre of reform efforts.
Some of the novel methods are Pamoja Trust, and Kituo Cha Sheria among other.
