Judiciary pushes community-based dispute resolution to ease pressure on courts, expand access to justice

Judiciary pushes community-based dispute resolution to ease pressure on courts, expand access to justice - Judiciary stakeholders march from Makadara Law Courts on October 26, 2026 during the launch of AJS Week, which will be marked across the country. (Photo: Barack Oduor)

The Judiciary has called for better training, clear guidelines and proper case management as it seeks to expand community-based dispute resolution and ease pressure on conventional courts.

The Judiciary has urged Alternative Justice System (AJS) practitioners to strengthen community-based dispute resolution by upholding fairness, understanding which cases qualify for the mechanism and ensuring agreements reached outside court receive formal recognition where appropriate.

The call was made during the official launch of AJS Week at Makadara Law Courts, where judicial officers and stakeholders highlighted the need for sensitisation, training, proper case management and data collection to improve access to justice.

Justice James Wakiaga cautioned practitioners against assuming the role of judges when resolving disputes within communities, emphasising that their responsibility is to facilitate fair outcomes rather than pass judgment on the parties involved.

“*Usiende huko nje na kuwa judges wadogo wa huko nje*. Just make sure there’s justice,” Justice Wakiaga told the practitioners, urging them to focus on ensuring justice while respecting the limits of their mandate.

The judge also stressed the importance of understanding the types of disputes that can be handled through AJS, noting that the mechanism should not be treated as a substitute for formal court proceedings in every case.

Participants were informed that cases involving children and robbery with violence would be excluded from the programme, underscoring the need to ensure disputes are channelled through the appropriate legal mechanisms.

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Judiciary officials and community members march from Makadara Law Courts during the launch of AJS Week, which will be marked across the country on October 26, 2026. (Photo: Barack Oduor)

Deputy Registrar at the AJS National Secretariat, Hon. Atieno Ogolla, said the main objective of AJS Week was to sensitise and train practitioners to help them identify cases suitable for resolution through alternative justice mechanisms.

“The main aim is sensitisation and training. Let’s ensure that by the end of the week, we know the cases that are to be taken to AJS,” Ogolla said.

She also highlighted the importance of data collection in measuring the effectiveness of the system, noting that stakeholders needed to establish how many cases were resolved through AJS and how many were referred to or handled at the community level.

The exercise is expected to provide a clearer picture of the system's reach, enable practitioners to assess its effectiveness and inform decisions on how best to strengthen community-based dispute resolution.

The discussions also highlighted AJS's potential to ease pressure on conventional courts. At Makadara Law Courts, it was noted that about 50 per cent of the workload could potentially be handled through alternative mechanisms at the community level, provided the disputes meet the required criteria.

Resolving suitable cases outside formal court proceedings would free up judicial time for matters requiring formal adjudication while giving communities additional avenues for settling disputes.

Justice Wakiaga also addressed concerns arising when parties reach agreements outside court but later disagree over the terms or seek formal recognition of their settlements.

Practitioners were encouraged to present such agreements to court for registration, where appropriate, to ensure they are properly documented and formally recognised. Training sessions during AJS Week are expected to provide guidance on handling such situations and strengthening the link between community-based dispute resolution and the formal justice system.

The programme will also seek to identify and register trained AJS practitioners who have completed the requisite training but are not yet actively involved in the system. The initiative is expected to establish the available pool of practitioners and support their effective deployment within communities.

As AJS Week progresses, the Judiciary is placing emphasis on clear guidelines, continuous training, reliable data collection and collaboration between community-based mechanisms and the courts.

The overarching message to practitioners is that AJS is not about establishing informal courts or creating “small judges” within communities, but about facilitating fair and appropriate resolutions, ensuring disputes are handled through the right channels and expanding access to justice for all.