Garissa: Garissa residents have been urged to embrace Alternative Dispute Resolution (ADR) mechanisms for cases that are not criminal in nature to help area courts clear case backlogs. Some of the ADR mechanisms include reconciliation, mediation, arbitration, and traditional and religious methods such as Maslah for the Islamic community. Speaking during a public engagement forum with key stakeholders and members of the public, Garissa Chief Magistrate Thomas Mwangi highlighted the benefits of ADR, emphasizing its potential to provide a win-win outcome since the parties agree with the resolutions, unlike court decisions.
According to Kenya News Agency, Chief Magistrate Mwangi stated that the constitution has provided for other ways to resolve disputes without going through court proceedings, which include ADR. He described the process of involving elders, arbitrators, or other volunteers to mediate disputes to help settle cases out of court. However, Mwangi cautioned that certain cases, such as those involving FGM, sexual offenses, robbery with violence, and other criminal cases, are not suitable for alternative justice systems. For other cases, ADR mechanisms can be pursued as long as all parties agree, since courts cannot force cases to be lodged with them.
Mwangi further revealed that not all cases require witness testimonies because parties can agree and draft an agreement, which is legally deposited with the court through court-annexed mediation. He advocated for ADR mechanisms, noting that they take a shorter time and fewer resources compared to court cases, thereby helping to reduce case backlogs. To address cases that have dragged on for long periods, the magistrate noted that the courts have adopted active case management as a key measure. This involves inviting both parties, gauging their readiness for hearing, and ensuring everything is prepared for the proceeding of cases immediately.
Mwangi explained that one-year and older cases have been marked for speedy conclusion under active case management, which includes a no-adjournment policy aimed at expediting cases. “Active case management is where the court has a checklist of the readiness of the case for conclusion,” Mwangi stated. “The court gauges their readiness and puts all the nuts and bolts together to ensure that at the hearing there is no adjournment,” he added.
Bonnie Okemwa, the Regional ODPP Coordinator for the Northeastern region, expressed concern about the challenges faced in procuring witnesses for prosecutions, which contributes to delays. Okemwa pointed out that in many cases involving family members or relatives, witnesses become unwilling, especially when families resort to other dispute resolution methods. “Witnesses are key players in our judicial systems. We cannot serve society better if we fail to procure witnesses for prosecuting our cases,” Okemwa said. He noted that challenges such as unavailability of witnesses, witness tampering due to alternative mechanisms like Maslah, and intimidation contribute to case backlogs.
