Justice Ndung’u Advocates for Alternative Dispute Resolution to Enhance Access to Justice

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Mombasa, Kenya| Lady Justice Njoki Ndung’u of the Supreme Court of Kenya has underscored the importance of alternative dispute resolution (ADR) mechanisms in settling conflicts outside the formal judicial system.

Speaking during a dialogue session at the Mombasa Law Courts in Kizingo, Justice Ndung’u called for greater collaboration between the judiciary and communities to promote non-litigious dispute resolution methods.

The Supreme Court judge highlighted that only 10 percent of cases in Kenya proceed to court, while the vast majority are resolved at the community level.

She emphasized the need to expand and strengthen ADR systems, including traditional justice mechanisms, to reduce the backlog in courts and enhance access to justice.

Encouraging Community-Based Justice Systems

“We want to encourage and teach more Kenyans to resolve disputes outside formal court structures,” Justice Ndung’u stated.

“The Judiciary continues to promote alternative justice systems and traditional dispute resolution mechanisms, ensuring that justice is accessible to all, especially the common mwananchi.”

She noted that litigation can be expensive, often deterring ordinary citizens from pursuing justice.

The costs associated with hiring lawyers and paying court fees can be burdensome, yet many disputes can be effectively settled at the community level.

“We can resolve many of these cases kinyumbani (at home) as long as we uphold human rights and fairness,” she remarked.

Justice Ndung’u reassured the public that the Judiciary remains committed to supporting ADR frameworks.

She urged stakeholders, including judicial officers and community leaders, to work together in advancing these mechanisms to ensure a fair and efficient justice system.

Strengthening Judiciary-Public Engagement

The dialogue at Mombasa Law Courts provided an opportunity for judicial staff to interact with court users and members of the public.

Justice Ndung’u acknowledged the importance of such forums in fostering trust and transparency within the judicial system.

“This face-to-face engagement is more effective than other forms of communication, including social media,” she said.

“Judges may not always be able to respond to concerns raised online, but in forums like this, we can listen directly to the people and address their issues.”

She encouraged members of the public to voice their concerns about judicial processes, urging them to provide feedback that could help improve the efficiency of the courts.

“Please tell us how we are serving you, where we need to improve, and what challenges you face in accessing justice,” she added.

Justice Ndung’u also emphasized the role of the Court Users Committee (CUC) in ensuring that judicial reforms align with the needs of the people.

She assured that feedback and complaints would be taken seriously and incorporated into court operations to enhance service delivery.

Upholding Professionalism in the Legal Sector

Addressing judicial officers and legal practitioners, Justice Ndung’u called for the strict adherence to professional ethics and standards, both within and outside the courtroom.

“Acting with decorum and mutual respect is a fundamental aspect of legal practice,” she stated, underscoring the necessity of maintaining professionalism in legal proceedings.

She also condemned the vilification of public servants, urging for mutual respect among all stakeholders in the justice sector.

“We must always be courteous to one another. At the end of the day, we are all working towards building a better nation—for public servants, service recipients, and Kenyans at large,” she affirmed.

Commitment to an Accessible and Efficient Judiciary

Justice Ndung’u reiterated the Judiciary’s commitment to ensuring a responsive, transparent, and accessible legal system for all Kenyans.

She noted that the dialogue at Mombasa Law Courts was only the beginning of broader efforts to make justice more approachable and efficient.

Through continuous engagement with the public and the promotion of alternative dispute resolution, the Judiciary aims to bridge the gap between legal institutions and the people they serve.

Justice Ndung’u called upon all stakeholders to embrace ADR as a viable solution to decongesting courts and expediting justice for all Kenyans.

As Kenya continues to advance its legal framework, the push for ADR and enhanced public participation in judicial matters remains a critical step toward a more efficient, fair, and inclusive justice system.

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