Alternative Justice System is solution to case backlog, says CJ Koome
Chief Justice Martha Koome yesterday urged Kenyans to make use of the Alternative Justice System (AJS) in settling succession disputes and reducing the case backlog.
Koome noted that many succession cases had dragged in court for years yet families can sit and iron out issues under the AJS.
She said the Judiciary was planning to close all succession cases by the end of the year and refer them to the Alternative Justice System.
“Why would we have cases for years, blocking children from going to school since the letter of administration has not been issued or estate has not been distributed?” posed Koome.
Speaking in Nakuru while launching the AJS model and Small Claims Court, Koome said the model was aimed at providing access to justice through an inexpensive and expeditious informal process.
The system, according to Koome, will make justice more accessible as well as reduce the number of people being incarcerated for petty crimes while at the same time reducing the backlog in courts.
“The benefits of the Small Claims Courts include reduced cost for hearing and determination of commercial disputes and personal injury claims where claims are below Sh1 million, expeditious delivery of justice by ensuring that cases are settled within 60 days of filing a claim,” she said.
More affordable
While revealing that the vision for the Judiciary lays emphasis on access to justice, she called on the need to embrace a multi-door approach to the delivery of justice by promoting access to alternative mechanisms of access to justice beyond courts.
“This is aimed at ensuring that litigants have various options in redressing social grievances. I consider AJS beneficial because it is closer to the people, more affordable, easier to access, familiar and less bureaucratic,” said Koome.
The CJ noted that the programme also serves as a form of restorative justice due to its participatory nature, it ensures more social inclusion and prevents injustice saying the court will conduct its sittings at the Nakuru Law Courts.
“Small Claims Courts aim to reduce the backlog, facilitate citizen access to justice, and open the courts to the public directly. This means that the burden on courts in resolving larger commercial disputes will reduce and thus also increase efficiency in that category of cases as well,” she added.
She said the AJS and Small Claims Courts would aid in achieving the goal of providing access to justice for all.
