County to Implement Alternative Justice System Plan in Kisii

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Kisii: Stakeholders in Kisii County are developing an action plan to guide the implementation of the Alternative Justice System (AJS) in the county. The people-centred plan is expected to embrace traditional and community-based dispute resolution methods that will ensure justice is more accessible and culturally relevant.

According to Kenya News Agency, during a three-day sensitisation workshop for the stakeholders at a Kisii hotel, the Court of Appeal Judge Justice Joel Ngugi stated that the action plan will promote inclusive and efficient dispute resolution mechanisms. “The AJS County Action plan will provide a framework for the county to implement Kenya’s national AJS policy at the local level and empower locals to resolve disputes outside of formal courts, fostering faster and less adversarial outcomes,” noted Justice Ngugi.

The AJS policy, adopted by the Judiciary of Kenya, is anchored in Article 159 of the Constitution and recognises traditional dispute resolution mechanisms that are consistent with the Bill of Rights and the law. Justice Ngugi, who is also the Chairman of the National Steering Committee on Implementation of AJS, pointed out that the stakeholders had identified the AJS mechanisms that are working in Kisii, as well as the policy and guideline support that should be offered by the Judiciary for them to thrive.

The preliminary draft of the action plan is expected to undergo a validation process that will engage more community voices over the next 45 days before it is launched after finalisation. The workshop brought together stakeholders from the Judiciary, law enforcement officers, the Director of Public Prosecution (DPP), the county government representatives, children officers, probation officers, National Government Administrative Officers (NGAO), the Abagusii Council of Elders, the civil society, and community-based organisations (CBOs).

Kisii’s Presiding Judge, Justice Sila Munyao, noted that by embracing AJS, the Judiciary will ensure their processes are aligned with constitutional values such as human rights and gender equality while encouraging community participation and ownership. Justice Munyao encouraged the residents to continue spreading awareness on AJS and embrace it as a viable method of conflict resolution.

On his part, Senior Principal Magistrate Bernard Omwansa, who is also the Deputy Registrar AJS and Mediation, noted that 90 per cent of cases reported in courts involve individuals who are related to one another, especially relatives, making community-centred mechanisms more effective. Omwansa added that AJS is cost-effective and time-saving, and the language used is easily understood by both parties.

The Kisii County Attorney Alfred Nyandieka noted that the sensitisation workshop marked a significant step towards embedding community-driven justice mechanisms within the formal legal framework. “This milestone signals a shift towards inclusive and accessible justice for the people of Kisii,” said Nyandieka.

The workshop was supported by the Food and Agricultural Organisation of the United Nations (FAO) and the European Union through the Digital Land Governance Programme in partnership with the Kisii County Department of Lands and the AJS Secretariat.