The Nairobi Employment and Labour Relations Court has conducted a community engagement in Kitengela to sensitise residents on the importance of embracing the Alternative Justice System (AJS) in resolving disputes as part of activities marking 10 years of AJS.

Speaking to the media after the sensitisation exercise, Acting Registrar of the Employment and Labour Relations Court, Fredrick Momanyi, said the initiative aimed to educate the public on alternative dispute resolution mechanisms that can help reduce the time and resources spent pursuing cases through the courts.

Momanyi noted that some disputes could be resolved more efficiently through alternative mechanisms, particularly amid human resource constraints within the Judiciary.

He observed that most disputes reported in Kitengela revolved around land and landlord-tenant relationships.

“We have explained to them that if a tenant has not paid rent, the landlord is not supposed to barricade the house but to issue a 30-day notice, after which the tenant can be asked to vacate the premises,” he said.

He added that tenants who felt unfairly treated could seek assistance from the Rent Restriction Tribunal or the Business Premises Rent Tribunal, depending on the nature of the tenancy and the dispute.

The engagement also brought together village elders, chiefs, Officer Commanding Stations (OCSs) and other National Government Administration Officers (NGAO), who were sensitise on the limits of their authority in handling disputes.

Momanyi said community leaders could help resolve boundary disputes by bringing aggrieved parties together to establish and mark boundaries but should refer matters involving land sale agreements to the courts.

“They cannot handle disputes relating to contracts, but they can deal with land disputes relating to boundaries. Anything to do with a land sale agreement should be left to the courts, as it is beyond their mandate,” he explained.

The officers were further advised that while they could help address disputes involving minor offences within their mandate, serious criminal offences such as defilement should not be subjected to mediation or reconciliation.

On employment matters, Momanyi encouraged workers to seek assistance from labour officers and their respective trade unions, including the Central Organisation of Trade Unions (COTU), before resorting to court proceedings.

He said employees who failed to obtain a satisfactory resolution through the available channels could then file cases in court.

“If they go through all that and do not find redress, then they can file a case in court,” he said.

Dan Obunga, a village elder in Kitengela, welcomed the initiative, saying the knowledge acquired would help him and other elders handle community disputes more effectively.

Meanwhile, landlord Eric Ouma said the sensitisation had introduced him to the Rent Restriction Tribunal as an avenue for addressing rent-related disputes.

“I am glad I got to know about the Rent Restriction Tribunal today, as I have been having an issue with tenants defaulting on rent payments, and I usually opt to count losses because I cannot afford to take all of them to court,” he said.

Alternative Justice System is recognised under Article 159 of the Constitution of Kenya, which encourages the use of alternative forms of dispute resolution, including traditional dispute resolution mechanisms, provided they meet constitutional requirements.

Under the system, parties can resolve disputes through appropriate alternative mechanisms, with agreements that meet the applicable legal requirements being recorded or adopted by the courts where necessary to facilitate enforcement.

In employment and labour relations, AJS mechanisms include negotiation, mediation, conciliation, arbitration and community-based dispute resolution, offering parties avenues to settle disputes in a fair, quick and cost-effective manner without necessarily going through lengthy court proceedings.

by Diana Meneto