Alternative Justice Systems (AJS) County Action Plans and Suites have been launched in Trans Nzoia County to address the substantial justice gap of about 17 percent consisting of mainly people who do not seek justice at all.
Supreme Court Judge and Director Kenya Judiciary Academy (KJA) Dr Smokin Wanjala noted that three Alternative Justice Systems Suites (Ukumbi) had been launched in Kitale, Kiminini and Cherangany to expand access to justice for all Kenyans.
He observed the AJS Ukumbi will not only serve as a physical seat but also as a symbol of hope, autonomy and empowerment for the Trans Nzoia people.
“This Suites are a tangible representation of our dedication to entrenching a justice system that is independent, efficient, and responsive to the aspirations of all Kenyans,” said Wanjala.
The Judge acknowledged that the conventional judicial processes, while essential, often face challenges such as high costs and lengthy procedures, which can be barriers to accessing justice.
“AJS offers a cost-effective and speedy resolution to disputes, ensuring that justice is not only done but seen to be done promptly and fairly,” noted Dr Wanjala.
Justice Wanjala reiterated the role of the County Government in supporting Justice Systems through devolution noting that the County Action Plan will be cascaded throughout the region, and will be a driving force in AJS uptake and implementation.
“The Trans Nzoia Model demonstrates the great interface between different justice actors including the Court, the NGAO and the AJS Practitioners who are the elders,” said Wanjala.
The Judge said that there had been engagement with judges of the Supreme Court, Court of Appeal, High Court and Courts of equal status training them on AJS, the need to change mindset towards it, and the Constitutional mandate to respect, protect and transform the AJS initiatives.
“In particular, these engagements have proved critical in documenting and assessing the progress made to foster access to justice through entrenching a multi-door people centered justice and giving tangible momentum to the AJS movement; suitably termed ‘Vuguvugu la AJS,” said Wanjala.
Justice Wanjala said that the multi-door approach to justice encompassed in Social Transformation Through Access to Justice (STAJ) encourages the use of AJS as the first port call in instances where it is most suited to resolve a wide array of disputes.
“By recognizing and promoting the alternative justice mechanisms mostly used by Kenyans, this commitment has brought significant changes for citizens’ access to justice, and justice seekers have benefitted from meaningful home-grown solutions befitting the Kenyan context, demonstrated by the success stories in Isiolo, Mandera, Kitui, Kajiado, Narok and Nakuru,” said the judge.
Trans Nzoia County Governor George Natembeya noted that while the court systems have their merit they often fall short in addressing the root causes of crime and achieving true rehabilitation.
“This is why it became necessary to come up with alternative justice systems-this provides a framework that focuses on healing, restitution and reintegration of offenders into the community,” said Natembeya.
He said the elders stand as the custodians of the communities’ traditions and values and their role will not only be to guide and advise but to also bridge the gap between past wisdom and present challenges.
“Your insights into our traditional justice practices are invaluable as we explore how these practices complement our modern legal systems. By this integration, we have an opportunity to create a more inclusive and effective justice system,” said the Governor.
Justice Joel Ngugi who is the Chair of the National Steering Committee on AJS said that launch was a culmination of a most organic and invigorating socio-legal journey of truly returning the justice narrative to the people of Trans Nzoia.
“We are announcing today that communities can and must use AJS as the vehicle through which they can have important conversations about their societal issues of distribution of resources and power; and how they choose to frame their collective social preferences into public policies,” said Justice Ngugi.
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