Chief Justice Martha Koome has observed a growing trend of Kenyans opting for alternative and faster methods of resolving disputes rather than relying on traditional court processes.
Speaking at the African Nazarene University on Monday, November 19, CJ Koome noted that most Kenyans now prefer mechanisms like mediation, arbitration, and traditional justice systems over court litigation due to their efficiency and accessibility.
Citing findings from a 2017 Judiciary-led Justice Needs and Satisfaction Survey, Koome revealed that only 10% of Kenyans with disputes sought solutions through the courts. Meanwhile, 71% relied on alternative dispute resolution (ADR) or endured their grievances without resolution, while 19% took no action, citing cost, time, and complexity as major barriers.
Embracing ADR for Justice Delivery
The CJ highlighted that the 2010 Constitution promotes ADR as a viable method to enhance access to justice. Article 159 of the Constitution supports ADR as part of a "Multi-Door Approach to Justice Delivery," which integrates diverse mechanisms such as negotiation, collaborative law, conciliation, and traditional justice systems alongside courtroom litigation.
“This directive underscores that justice delivery extends beyond the courtroom, offering a holistic, people-centered framework. It is what we now call the ‘Multi-Door Approach to Justice Delivery,’” CJ Koome explained.
She emphasized that ADR plays a critical role in reducing case backlogs, ensuring quicker resolutions, and making justice more inclusive.
Building Future ADR Leaders
CJ Koome was speaking during a public lecture titled The Multi-Door Approach to the Delivery of Justice, where she launched the African Nazarene University’s Young Arbitrator Society. The initiative aims to cultivate a new generation of skilled arbitrators equipped to champion alternative dispute mechanisms.
“This forward-thinking step will undoubtedly shape the next generation of dispute resolution leaders. They will enhance access to justice, alleviate court congestion, and improve the efficiency of the legal system,” she stated.
Judiciary’s Commitment to Efficiency
The judiciary is actively adopting measures to address case backlogs, including leveraging new technologies to automate court processes and improve the quality of judicial services. Koome underscored that these advancements, coupled with the promotion of ADR, reflect the judiciary’s commitment to delivering timely and effective justice for all Kenyans.
By embracing ADR, the judiciary is reinforcing a vision of justice that is accessible, efficient, and aligned with the evolving needs of society.
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