Chief Justice (CJ) Martha Koome has emphasized that the majority of Kenyans resolve conflicts through Alternative Dispute Resolution (ADR), with only a small percentage turning to the courts for justice.
Speaking at Africa Nazarene University in Rongai during a public lecture titled “The Multi-Door Approach to the Delivery of Justice”, Koome highlighted that a 2017 Judiciary-led Justice Needs and Satisfaction Survey revealed only 10% of Kenyans with disputes sought court-based solutions. Another 19% took no action due to barriers such as cost, complexity, and time, while 71% opted for alternative mechanisms or endured their grievances without resolution.
“These findings reflect the alienation many citizens feel from the formal judicial system,” CJ Koome noted. She reiterated that the findings validate ADR mechanisms as enshrined in Article 159 of the Constitution and emphasized in the Judiciary’s Social Transformation through Access to Justice blueprint, which promotes a multi-door approach to justice.
She explained that the 2010 Constitution explicitly requires courts and tribunals to promote ADR mechanisms, including reconciliation, mediation, arbitration, and traditional methods. “This directive underscores that the delivery of justice extends beyond courtroom litigation, embracing a holistic, people-centered framework—what we now refer to as the Multi-Door Approach to Justice Delivery,” Koome stated.
The lecture also marked the launch of the university’s Young Arbitrators Society, an initiative aimed at equipping students with skills in arbitration and instilling the values of ADR as effective and legitimate tools for conflict resolution. “By establishing this Society, the university is preparing the next generation of skilled arbitrators who will play a key role in promoting access to justice, reducing case backlogs, and enhancing the efficiency of our legal system,” Koome remarked.
She urged students to embrace innovation and adapt to the evolving landscape of dispute resolution, which includes mediation, arbitration, and traditional justice systems. “These tools will empower you to serve society in transformative ways,” Koome advised.
The CJ also commended Africa Nazarene University for fostering a culture of ADR and encouraged students to deepen their understanding and practice of arbitration. “I applaud Africa Nazarene University for its leadership in this regard,” she expressed.
During the lecture, Koome provided an in-depth overview of the three key forms of ADR—Mediation, Arbitration, and Alternative (Traditional) Justice Systems (AJS)—and how they integrate into Kenya’s justice framework.
The public lecture was part of the Supreme Court Lecture Series commemorating 12 years of the Supreme Court under the theme: “Introspecting and Reflecting on the Supreme Court’s Jurisprudence: 12 Years of Defending the Constitution.”
By Michael Omondi
