Judiciary
Supreme Court Judge Justice Smokin Wanjala has hailed the establishment of Alternative Justice System (AJS) saying that it will help clear the backlog of cases in courts.
Presiding over the launch of Trans Nzoia County AJS Action Plan on behalf of Chief Justice Martha Koome, Justice Wanjala said the establishment of AJS suites across the country will not only help bring services closer to the people but will also assist those who cannot afford to raise resources in the quest to seek justice using formal means.
During the occasion, three AJS suites were launched in three sub counties namely; Kwanza, Kiminini and Saboti, where AJS services will be offered under the patronage of selected council of elders and religious leaders.
Saying that AJS offers a better and long term solution to disputes, Justice Wanjala who also doubles up as Director General, Kenya Judiciary Academy said that whereas courts are there to bring judgement, AJS will exist to offer solutions to disputes which the courts cannot offer.
“It is obvious that not all parties involved in court battles embrace judgements, some are left aggrieved at the end of the day. In such a case, there is a high likelihood that animosity will always exist between the parties involved.
In AJS, we have a better channel through which disputes can be settled without bringing animosity. Aggrieved parties are brought together, address their differences in a harmonious way, shake hands and go home satisfied,” he said adding that those who would not be satisfied with the ruling of the elders, would be allowed to engage the formal courts.
He urged the public to embrace AJS as the most accessible and affordable channel to resolve disputes, Justice Wanjala said only 17 per cent of Kenyans with justice needs use the formal justice institutions to solve their legal problems. Justice Wanjala challenged those who have been given the mandate to provide AJS services to guard the establishment and give it the respect it deserves cautioning them to resist attempts to take sides while resolving cases as it will erode the confidence of Kenyans in the system.
“Yes let us go to courts when aggrieved, but at the same time let us also use other alternatives where necessary without undermining the constitutional rights of anyone,” he advised. The Chairperson of National Steering Committee on the implementation of AJS (NaSci-AJS) Justice Joel Ngugi said the launch of the AJS Action Plan marks an exciting new beginning where justice is returned to the people as is required by the constitution.
Ngugi revealed that Trans Nzoia County is the eighth devolved unit to witness the launch of AJS Action Plan across the country others being Nakuru, Narok, Uasin Gishu, Kajiado, Mandera, Kisumu and Turkana.
“We have so far launched AJS County Action Plans in eight devolved units across the country. I am happy to inform that in those eight counties, access to justice for many Kenyans has greatly improved and case backlogs in the formal courts have been reduced,” he said.
Kitale High Court Presiding Judge Antony Mrima said the judiciary will endeavor to bring everyone on board during the establishment of the AJS suites urging those to be given mandate to do a professional job and remain impartial all the time. Justice Mrima revealed that plans are in pipeline to ensure that the remaining sub counties of Endebess and Cherangany also have AJS suites in an effort to take services closer to the people.
Others present during the event were Trans Nzoia County Commissioner Gideon Oyagi and Governor George Natembeya.