Chief Justice Martha Koome has reaffirmed the Judiciary’s commitment to enhancing access to justice as she launched the Alternative Justice Systems and Court Annexed Mediation in Marsabit County.
Speaking at an event dubbed “Enhancing Access to Justice and Promoting People-Centered Justice Through the Multi-Door Approach to Justice,”, during which she promoted various avenues for dispute resolution, Justice Koome said that these initiatives would not only bring services closer to the people, but also significantly reduce the cost and time of resolving didputes.
Marsabit, Kenya’s second-largest county by landmass, poses unique challenges due to its vast settlements therefore, it was an opportune setting for the launch of an alternative dispute resolution mechanisms that are part of the Judiciary's mission of ensuring equitable access to justice for all residents.
The county currently has two court stations: the Marsabit Law Courts and Moyale Law Courts which provide vital judicial services, but their capacity remains limited compared to the region’s needs.
Chief Justice Koome noted that the Judiciary has been extending its reach through mobile courts in areas like Laisamis, North Horr, Loyangalani, Sololo, and Bute.
"The vast size of this county underscores the critical need to ensure justice is accessible to every resident, no matter how remote,” said the Chief Justice.
She thanked the County Government of Marsabit for allocating land in five locations for permanent court facilities and urged for continued support to overcome budgetary constraints hindering the Judiciary’s progress in construction.
"I therefore urge the county government and other local leaders to explore ways of offering further support and collaboration with the Judiciary to help us realize the goal of putting in place court infrastructure in these five locations. Permanent court facilities in these remote areas will significantly reduce the travel burden on litigants and law enforcement officers, thereby improving access to justice,” she said.
Chief Justice Koome championed the Judiciary’s Multi-Door Approach, designed to eliminate barriers to justice such as delays, case backlogs, and the high cost of litigation. Central to this strategy is the Court-Annexed Mediation (CAM) programme, which has yielded impressive results since its pilot launch in 2016.
“CAM has resolved 21,451 cases out of the 23,260 referred, unlocking approximately Ksh61.1 billion into the economy,” she revealed.
This initiative has significantly reduced litigation costs while promoting amicable resolutions, especially in business and family disputes.
he launch of the Marsabit Court-Annexed Mediation Registry aims to replicate this success locally, providing residents with access to mediation services tailored to their needs.
Furthering the Multi-Door Approach, Chief Justice Koome unveiled the Private Mediation Guidelines and FAQs and the Family Mediation Guidelines.
Private mediation offers an out-of-court avenue for dispute resolution, with agreements adopted as enforceable court orders.
“These guidelines provide an efficient, cost-effective, and amicable way to resolve disputes, supporting the preservation of relationships. Family mediation, in particular, addresses sensitive disputes with a focus on preserving harmony and future interactions,” said the CJ.
The Chief Justice also launched the Marsabit County Alternative Justice Systems (AJS) County Action Plan, Model, and Suite.
Recognising the value of traditional dispute resolution mechanisms, she emphasised the enduring relevance of culturally rooted systems.
"The Marsabit AJS Model recognizes the invaluable role of elders and community practitioners in resolving disputes, fostering peace, and promoting coexistence among the fourteen communities living in Marsabit. It addresses pressing issues such as land disputes, petty offences, intercommunity conflicts, and boundary disputes,” she stated.
She called on local leaders, stakeholders, and residents to embrace the initiatives, urging them to resolve inter-communal disputes through AJS mechanisms.
"We expect AJS elders and practitioners to be peace champions, fostering the peaceful coexistence of Marsabit’s diverse communities,” she said, emphasizing that sensitive cases, such as child defilement, must be referred to formal judicial channels.
Speaking at the same function, Marsabit Governor Mohamed Ali noted that a key feature of the traditional justice system is that it focuses more on righting the wrongs done to a person than on punishing the wrong doer.
"I have no doubt the people of Marsabit will welcome this Alternative Justice