Courts
Gichugu law courts has launched “Kutana Na Mahakama” an initiative aimed at meeting people at the grassroots to sensitize the public on the use of alternative pathways to justice and minimize case backlog.
Gichugu Principal Magistrate Leah Kibaria said since the beginning of the year to July, they have registered 800 new cases in addition to 1400 pending cases and are expecting over 800 more cases in the remainder part of the year, hence the need for adoption of new approaches to access justice and reduce time wastage and resources spent on litigation.
Speaking during the launch of the event at Kiamutugu Town in Gichugu, Kibaria said they are widening the doorway to justice by engaging citizens to sensitize them on alternative avenues to resolve disputes.
“This year alone up to July we have registered 800 cases, our data shows there are 1400 pending cases and we expect over 800 new cases by December. It will take time to clear all cases hence the court is coming up with this initiative to facilitate ending of litigation which can be resolved using other avenues,” Kibaria said.
She added that the main aim is to ensure the cases are determined within the shortest time possible as well as justice served to the deserving. Kibaria highlighted the impact of plea bargaining, diversion, Court Annex Mediation and, Alternative Justice Systems (AJS) as major routes towards accessing justice without necessarily going through court process.
“Not all cases should go through the court like bringing over 5 witnesses. We all go against the law in certain periods in our lives. We have to agree on how we can solve issues through less costly methods. We have plea bargaining, diversion, court annex mediation and AJS which are ways of accessing justice”, said Kibaria.
Justice John Mutugi of Kerugoya Land and Environment Court.
To enhance the implementation of the alternative access system the court, in every last week of the month, has set a tent outside the Gichugu Law Courts to assist the court users in understanding more about the justice system as well as allowing the public to interact with judges and seek advice on some court related issues.
This will not only reduce the number of court cases but also in the long run reduce the number of prisoners. “You will find a tent outside our court where judges will sit to listen to people and assist in the process of access to justice. It will also provide an opportunity for the court to understand the challenges the people face,” she added
Justice John Mutugi of the Land and Environment Court noted the major cases of land are related to inheritance and can easily be resolved by alternative justice systems by bringing together the elders to agree on the land matters.
He says that the Assistant County Commissioners (ACC) and Deputy County Commissioners (DCC) always intervene when a case is brought into court where there are two people claiming the property, to scrutinize the property so that they can get the actual report regarding the property.
“Many cases involving land revolve within the community and families, we encourage the use of Alternative Justice Systems which bring together elders and families and finally unite rather than separating them through adversarial court process,” Justice Mutugi said.
The initiative will be extended to other courts within Kirinyaga to enhance affordable and timely access to justice.