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Judiciary pushes for Alternative Justice System to resolve backlog of cases
The Judiciary is promoting the use of the Alternative Justice System (AJS) in a bid to resolve the backlog of cases that have hindered the delivery of justice in the country.
According to the steering committee on the implementation of the AJS policy, over 90 percent of cases in the courts could be resolved through the system.
Unlike the Alternative Dispute Resolutions (ADR) mechanism, which has helped resolve tens of cases, AJS is structured and recognized in the constitution under Article 159(2).
Justice Joel Ngugi, who chairs the steering committee, stated that 79 percent of Kenyans preferred resolving their cases through AJS instead of going to the courts.
He described the system as faster, more effective, and cheaper, unlike the use of courts, where cases can take over three years to be resolved.
At a press conference held at Simba Lodge in Naivasha during the committee retreat, Justice Ngugi acknowledged that the lack of courts across the country has hindered the quicker dispensation of justice.
He added that currently, there are 126 courts across the country against 290 sub-counties, thus denying justice to those in remote areas.
However, Justice Ngugi also warned that not all cases could be resolved through AJS, which is becoming increasingly popular at the community level.
He identified the cases that could not be resolved through AJS as those involving interpretation of the constitution and matters concerning children, such as defilement and custody.
The steering committee’s vice chairperson, Steve Ouma, urged Kenyans to support the system, as it is enshrined in the constitution and is effective.
The acting CEO of the National Legal Aids Services, Flora Bidali, expressed optimism that the new system will help reduce the cases backlog in the country’s courts.
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