By Treezer Michelle Atieno
On Friday, July 12, 2024, Kisumu County marked a significant milestone with the
launch of its Alternative Justice Systems (AJS) County Action Plans and Suites.
This initiative aims to promote people-centred justice and facilitate access to legal
solutions through culturally relevant and community-oriented mechanisms.
During the launch, the Supreme Court Judge and Director of the Kenya Judiciary
Academy (KJA), Dr. Smokin Wanjala, highlighted the historical context of AJS in
Kenya. He noted that while these systems had long been used to resolve disputes
within communities, colonial disruptions had marginalised them.
The 2020 AJS Policy Framework implementation, driven by AJS champions,
practitioners, civil society actors, and interfaith organisations, was a pivotal step in
reintegrating these traditional systems into the formal justice framework.
Justice Wanjala emphasised that the AJS Policy aims to understand informal and
traditional justice systems, their mandates, and how they can enhance access to
justice and civic autonomy. It also provides standardised mechanisms for cross-
referencing cases between formal courts and AJS.
This principle is enshrined in the judiciary’s blueprint, Social Transformation through
Access to Justice (STAJ), which advocates a multi-door approach to resolving
disputes.
"The multi-door approach encourages the use of AJS as the first port of call for a
wide array of disputes," Justice Wanjala stated, highlighting the benefits of home-
grown solutions in improving access to justice. He cited success stories from Isiolo,
Samburu, Kajiado, and Nakuru, where AJS has already been implemented.
Kisumu County Governor, Prof. Anyang' Nyong’o, acknowledged the critical role of
AJS in accelerating justice by providing more accessible and culturally relevant
mechanisms.
He noted that traditional dispute resolution forums, such as elders’ councils
(Barazas), community assemblies (Nyumba Kumi), and customary courts (Kangaroo
Courts), are deeply rooted in Kenyan culture and particularly beneficial in rural and
marginalised communities where formal legal institutions may be less accessible.
Justice Joel Ngugi, Chair of the National Steering Committee on AJS, praised the
County AJS Plans as innovative, citizen-centric strategies that improve the quality
and speed of justice while bridging the justice gap for vulnerable communities.
He emphasised that informal justice systems are often more accessible and
affordable than formal ones. Yet, they require strengthening to ensure fairness and
alignment with human rights standards.
The launch of AJS in Kisumu is part of the judiciary efforts to enhance these systems
in line with Article 159(2) (c) of the Constitution of Kenya.
The AJS Policy, developed in consultation with various stakeholders, seeks to
recognise, regulate, and enhance the use of AJS, aligning its operations with
constitutional principles and international human rights standards.
This pluralistic justice approach considers the cultural, socio-economic, and
geographic population diversity.
The AJS Policy has already yielded tangible benefits, reducing the burden on formal
courts and improving access to justice across Kenya.
