Garissa: Chief Justice Martha Koome is poised to launch the Alternative Justice System (AJS) unit in Garissa, marking a significant step in integrating traditional dispute resolution mechanisms with formal legal systems in Kenya. Before colonization, African communities were guided by unwritten customary rules, which were seamlessly integrated into daily life and passed down through generations via stories, proverbs, and practical examples. Community members collectively managed various aspects of life, including dispute resolution, which was anchored in restorative justice. This approach involved victims, offenders, and community members in resolving disputes, promoting offender accountability and compensation to victims while maintaining community bonds.
According to Kenya News Agency, the post-colonial era and subsequent constitutions gradually shifted societies from traditional methods to embracing state laws, managed by local administrators and formal courts. However, the formal legal system has been criticized for its lengthy processes, high appeal rates, and adversarial outcomes. To bridge these gaps, the Judiciary launched the AJS Policy in 2020, officially recognizing Alternative Justice Systems as legitimate and constitutional avenues for dispute resolution. Since then, AJS halls have been established in several counties, with Garissa set to join the list.
Chief Magistrate Thomas Mwangi of Garissa law courts highlights the significance of AJS, emphasizing its foundation on social justice aimed at serving vulnerable groups, including the marginalized, disabled, women, and children. He explains that while many non-state laws are unwritten, they govern societal conduct from birth to death. Mwangi underscores the role of societal norms in dispute resolution, where community elders or officials address issues when societal codes are violated.
Elders in Garissa have been trained and sensitized on their roles and the types of cases they should entertain under the law. The AJS in Garissa will adopt the Maslah model of Somali culture, and Chief Magistrate Mwangi calls on residents to embrace the system once officially launched by Chief Justice Martha Koome. Mwangi describes AJS as a win-win situation where parties choose their dispute resolution path without coercion, avoiding cumbersome court procedures and promoting moral solutions.
James Maina and Mohamed Aden, elders in the Garissa AJS court, express their dedication to serving justice voluntarily, urging the Judiciary to recognize and provide them with benefits. They emphasize that AJS offers a platform for individuals hesitant to approach formal courts due to lengthy processes and costs, and extend their services to remote areas, ensuring justice is accessible to all.