BY NYANZA NEWS REPORTER
The Judiciary in fresh move to strengthen Alternative Justice System to solve communal disputes.
The Judiciary has urged Alternative Justice System (AJS) practitioners to strengthen community-based dispute resolution by ensuring fairness, understanding which cases qualify for AJS and securing formal court recognition of agreements reached outside the courtroom.g
The call was made during the official launch of AJS Week at Makadara Law Courts, where judicial officers and AJS 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 in community-based dispute resolution, emphasising that their responsibility is to facilitate fair outcomes rather than pass judgment on parties.
“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 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 matters involving children and robbery with violence cases would be excluded from the programme, underscoring the need to channel disputes through the appropriate legal mechanisms.
Deputy Registrar at the AJS National Secretariat, Hon. Atieno Ogolla, said the main objective of AJS Week was to sensitise and train practitioners so they could clearly 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 underscored the importance of data collection in tracking 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, help practitioners assess its effectiveness and support informed decisions on how best to strengthen community-based dispute resolution.
The discussions further highlighted the potential of AJS 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.
By resolving suitable matters outside formal court proceedings, AJS could free up judicial time for cases that require formal adjudication while giving communities additional avenues for resolving 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 proper documentation and formal recognition. Training sessions during AJS Week are expected to provide guidance on handling these 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 engaged 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 improving access to justice for all.
