Alternative Justice System (AJS), a component recognised by the Kenyan constitution and the judiciary has been singled out as an important tool in fighting for justice in the country.
Human rights defenders and activists across the country who have been engaging different communities at the grassroots level have acknowledged AJS as important avenue in enabling communities access to justice.
According to the Social Justice Centres Working Group National Convener Happy Olal, though diversion and settling cases out of court was in the past years defined as “Kangaroo courts” the “Kangaroo courts” when embraced under specified parameters can deliver justice within short period to aggrieved parties.
“We are currently engaging with Administration officers, religious leaders, community leaders and activists across all the 93 Social Justice Centres countrywide so that they are well equipped with the required information about Alternative Justice System as these stakeholders remain critical in the community and are equally the representatives of the communities,” said Mr. Olal.
The trigger
He argued that in the recent figures reflecting the situation in the country’s corridors of justice, its only 19% of the total cases that sailed to the court while a whopping 81% were not taken to court.
“Under the 81% of the cases that were not taken to court, the rights defenders tried to salvage the situation however, 54% of the cases are yet to be determined, this simply means that more than 54% of the aggrieved parties are still waiting for justice to be served,” revealed Olal.
[Social Justice Centre Working Group National Convener, Happy Olal during engagements with human rights defenders from Mombasa County Social Justice Centres in Mombasa recently. Photo/courtesy/July, 29, 2025].
He further said that these efforts are aiming at decongesting the courts following the recently reported backlog in the judiciary.
“Recently the court records indicated that there are over 250,000 pending cases that needs more efforts for the petitioners to get justice. However, the court is also witnessing a shortage of Magistrate, Judges and other critical human resource aspects to tackle such cases within the shortest time possible.
The human rights defender also poked holes on the number of inmates which sums up to over 54,750 while the Kenyan prisons can only accommodate approximately 15,000 convicts.
“However, cases revolving around terrorism, Defilement or rape, Human trafficking, election petitions and a range of criminal cases are not legible for the alternative justice system. These cases have to find their way to court,” he added.
Justice
On his part, Obino Nyambane from the Defenders Coalition, said Alternative Justice System has proved to be a very critical tool in accelerating access to justice in the country and mostly at the very grassroots level.
Nyambane, while engaging activists from Mombasa county Social Justice Centres said the activists will be mandated to also engage communities in the Coast region and inform them about AJS as well as guide them on how to pursue justice through the alternative path.
“Some aggrieved parties have been entangled in conflicts for years ranging from land, succession, petty crimes among other cases. However, after embracing Alternative justice system, they solved their issues within shortest time possible,” added Nyambane.
He stated that already communities around the Coast region are embracing Alternative Justice System in seeking justice, and equipping the human rights defenders will enable them to assist communities seeking justice through the alternative route.
[Obino Nyambane from the defenders Coalition. He has backed alternative Justice System as a critical path to enable communities across the country get justice. Photo/courtesy/July, 29, 2025].
“However, when the aggrieved parties disagree on specific matter being handled outside court, the process can go to court and proceed until justice is served since enabling communities access to justice remain the priority under any circumstances,” reiterated Mr. Nyambane.
