Murang’a: The Judiciary has renewed calls for greater use of Alternative Justice Systems (AJS) in resolving minor disputes as part of efforts to reduce case backlogs and ease congestion in correctional facilities. This emerged during a visit by the Kenol Law Courts Users Committee to Maranjau Prison in Murang’a County, where inmates raised concerns over delays in the determination of cases, bond terms, and prolonged stays in remand.
According to Kenya News Agency, Senior Resident Magistrate Dr. Sheila Nyaga encouraged the use of alternative dispute resolution mechanisms, particularly in minor and petty cases, noting that some disputes could be settled outside the courtroom. ‘Not every disagreement should end up in court. Where possible, parties should embrace alternative justice mechanisms to resolve disputes amicably and reduce pressure on the justice system,’ she said.
Dr. Nyaga explained that some cases take longer to conclude due to various factors, including requests for adjournments to allow accused persons to secure legal representation and the failure of key witnesses to attend court proceedings. She further urged remandees who wish to change their plea to do so promptly to avoid unnecessarily prolonged stays in custody.
One of the inmates sought clarification on the factors contributing to delays in the hearing and determination of cases, the criteria used in setting bail and bond terms, and challenges arising when complainants or witnesses fail to appear in court. Some of the convicted inmates also appealed for consideration of probation and other non-custodial options for prisoners serving lengthy sentences, arguing that rehabilitation should remain a key pillar of the criminal justice system.
Maranjau Prison, established in 1973 with a capacity of 250 inmates, currently houses 397 prisoners, representing an occupancy rate of nearly 159 percent. The facility hosts 272 convicted prisoners and 125 remandees.
Ithanga Sub-County Police Commander Innocent Mutua urged inmates to use their time in prison productively by enrolling in educational and vocational programmes offered within the facility. ‘Prison should be viewed as an opportunity for personal transformation. The skills and knowledge acquired here will help you reintegrate successfully into society after serving your sentences,’ said Mutua, urging the inmates to be determined and proactive to learn a skill or two and not take prison as a punishment but as a correctional facility.
The Kenol law court introduced court-annexed mediation in November 2022 to facilitate faster resolution of disputes. A total of 113 cases have been referred for mediation, out of which 60 cases reached full agreement and were successfully concluded. ‘At the mediation registry, there are currently 13 pending matters, while 22 files have reached partial agreements as of June 4, 2026,’ said Dr. Nyaga. She revealed that 28 cases were returned to court, while five cases recorded non-compliance, bringing the mediation case clearance rate to 67 percent.
The court also introduced the AJS model in April 2024, which has so far seen 111 matters referred to the panel, with 70 cases successfully resolved, while 17 cases are still pending as of June 4, 2026. Notably, 21 cases have collapsed and were referred back to court for determination. The AJS has so far received 99 criminal cases, 11 succession cases, and 1 ELC case.
The Alternative Justice System panel includes elders, chiefs, sub-chiefs, the Deputy County Commissioner, the Office of the Director of Public Prosecutions (ODPP), and lawyers. They play a key role in facilitating dispute resolution outside the formal court system. Meanwhile, members of the Kenol Law Courts Users Committee pledged to continue engaging correctional facilities to strengthen collaboration between justice sector institutions and address challenges affecting inmates and the wider justice system.
