ALTERNATIVE JUSTICE SYSTEM HAILED FOR CUTTING CASE BACKLOG

 

Kenya’s Alternative Justice System (AJS) is gaining national attention for significantly reducing court case backlogs, with judicial leaders calling for its accelerated rollout across all 47 counties.

The model, which has already been implemented in 13 counties with established action plans, is being credited with offering a faster, more affordable and community-centered approach to dispute resolution compared to the formal court process. Judiciary officials say the system provides a practical win-win solution for parties involved in conflicts, particularly in rural and marginalized areas.

More than 10 judges from across the country visited the Isiolo Law Courts on a benchmarking tour to assess the impact of AJS, which has been operational in Isiolo County for the past three years. The visit, organized by the National Steering Committee for the Implementation of the AJS Policy, drew hundreds of residents who shared their experiences with the community-based mechanism.

Joyce Nailsiae, Chairperson of the Council of Elders of the Samburu community, highlighted improved access to justice as one of the greatest benefits of the system. She noted that many rural residents previously struggled to access formal courts due to distance and legal costs. Under AJS, cases are often heard in community settings, allowing proceedings to be conducted in local dialects and in culturally familiar environments.

Elijah Kirimi thanked the court for the introduction of AJS terming it as a cheaper option to justice for many residents of Isiolo.

Leaders involved in the initiative said the inclusion of women and youth in the process has strengthened public confidence, particularly in resolving low-risk gender-based violence matters and domestic disputes.

Sheikh Ahmed Sett, a member of the national steering committee and Treasurer of the National Council of Elders, reported that 300 cases—mostly domestic disputes—were resolved in 2025 through the Suluhu Forum Centre after being diverted from the local Kadhi Court.

The visiting delegation included Justices Moses Ado Otieno, Benjamin Mwikya Musyoki, Charles Yano, Benjamin Kimani Njoroge, Rhoda Cherotich Ruto, Julius Mukut Nang’ea, Noel Onditi Adagi Inziani and Joe Omido, as well as Family Court Magistrate Helene Rafaela Namisi.

National Steering Committee on AJS Chairperson Justice Joel Ngugi, accompanied by committee member Judge Francis Gikonyo, revealed that 13 counties have already operationalized county AJS action plans, with 12 more expected to finalize the process by the end of the year.

According to Judiciary data cited during the visit, only 19 percent of disputes are filed in formal courts, while 64 percent are resolved through alternative justice mechanisms. The baseline policy to mainstream traditional dispute resolution in Kenya was launched in August 2020 by former Chief Justice David Maraga, marking a decade since the promulgation of the 2010 Constitution.

In Isiolo the elders have also been working closely with local partners like pastrolist Peacelink to impalement the mechanism.

The AJS framework aims to expand access to justice and reduce incarceration for minor offenses by providing communities with structured alternatives for resolving disputes outside conventional courtrooms.

Also, in attendance were Presiding Judge Sophie Chirchir, Senior Principal Magistrate Elias Mwenda and Senior Resident Magistrate Maurine Odhiambo, who addressed questions from Isiolo residents on the implementation and safeguards of the system.

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