Nairobi: Chief Justice Martha Koome has called for the transformation of Africa’s justice systems to become more accessible, inclusive, responsive, and people-centred.
According to Kenya News Agency, Koome emphasized the importance of strengthening alternative dispute resolution mechanisms and alternative justice systems during the official opening of the 3rd Africa Chief Justices’ Alternative Dispute Resolution (ADR) Forum. This initiative aims to complement formal court processes and expand access to justice for millions of Africans. She noted the discrepancy between constitutional promises of justice for all and the actual experiences of many Africans.
The CJ referenced the Afrobarometer Round 10 Survey on Access to Justice, which highlighted that only half of the surveyed citizens across 38 African countries have confidence in the courts’ ability to deliver justice. The survey also found that many Africans continue to seek justice through traditional leaders, community elders, customary courts, and religious leaders, indicating a reliance on community-based dispute resolution mechanisms.
Koome stated that these findings emphasize the need for African judiciaries to broaden their understanding of justice and develop pathways for resolving disputes efficiently and affordably, thereby strengthening social cohesion. She reaffirmed Kenya’s commitment to promoting Alternative Justice Systems (AJS) and Alternative Dispute Resolution (ADR) as vital components of judicial transformation.
While courts remain crucial for upholding constitutionalism, human rights, and the rule of law, Koome acknowledged that they are not the only means to achieve justice. She emphasized the growing significance of ADR in supporting economic development across Africa, particularly in light of regional integration initiatives like Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Efficient dispute resolution mechanisms are deemed essential for enhancing investor confidence, reducing transaction costs, and preserving commercial relationships.
The two-day forum, themed ‘A Justice System That Serves, Listens and Resolves: Advancing ADR and Alternative Justice Systems for Peace, Inclusion, and Prosperity in Africa,’ has gathered Chief Justices, Heads of Judiciaries, Judges, judicial officers, ADR practitioners, scholars, development partners, and legal professionals from Africa and beyond.