Busia: The judiciary has launched Alternative Justice System (AJS) registries in Busia County with the aim of enhancing access to justice and reducing the growing backlog of cases in the county’s four courts.
According to Kenya News Agency, Justice Prof. Joel Ngugi, Chairperson of the National Steering Committee on the Implementation of the AJS Policy (NaSCI-AJS), emphasized the importance of alternative mechanisms for dispute resolution during the launch at the Busia Law Courts. He highlighted that only 17 percent of Kenyans resort to formal courts, while 19 percent lack access to justice entirely, indicating a significant reliance on alternative justice systems.
Justice Ngugi urged the Judiciary and Busia County Government to develop a County Action Plan for AJS implementation, which he believes will play a critical role in improving justice delivery at the grassroots level. He noted that Busia County now hosts four AJS registries, making it the only county in the Western region with such a presence, thereby expanding access to justice.
The formal judicial system has not fully served all citizens, Justice Ngugi observed, but AJS provides a complementary, accessible, timely, and culturally responsive approach to justice. He stressed that AJS must operate within the legal framework, with serious offences such as sexual crimes remaining under the jurisdiction of formal courts.
Justice Eric Ogolla, the principal judge of the High Court, described the launch as a major milestone towards a more inclusive and people-centered justice system. He asserted that AJS complements the formal court system by reducing case backlogs and promoting reconciliation within communities. Justice Ogolla cautioned that adherence to constitutional principles is crucial for maintaining public confidence in the justice system.
Busia Deputy Governor Arthur Odera called for increased investment in mentoring young people about alternative justice systems to build trust and confidence in the mechanism. He expressed concerns about the rising cases of sexual and gender-based violence in the county, attributing them to a lack of justice for victims and the prevalence of out-of-court settlements.
