•Traditional Dispute Resolution Model Empowers Women and Reduces Case Backlog in Courts
Eldoret, Kenya| The North Rift Theater Ambassadors (NORTA) has launched a transformative project, Justice Under the Shade, aimed at improving access to justice in Uasin Gishu County.
The initiative, funded by the European Union (EU) and the United Nations Development Programme (UNDP) through Amkeni Wakenya, seeks to resolve disputes using the Alternative Justice System (AJS), particularly benefiting marginalized communities and women facing succession disputes.
Empowering Women Through Traditional Justice Mechanisms
Speaking to the Kenya News Agency (KNA) in Eldoret, NORTA’s Chief Executive Officer (CEO), Kennedy Ruto, highlighted the impact of the program since its inception in August 2023.
The initiative has been instrumental in accelerating justice for women, who historically faced discrimination in matters of inheritance and property succession.
“In the past, women were largely excluded from inheriting family property due to deep-rooted cultural biases,” Ruto explained.
“Through this initiative, we have seen significant progress, with many women now securing their rightful inheritance.”
One of the notable successes involves five widows from the Ziwa area who successfully inherited land that was initially denied to them following their husbands’ deaths.
Training Elders to Mediate Disputes
A core component of Justice Under the Shade is the training of community elders, known as Kipkap Kokwet, to mediate disputes traditionally.
Over 100 elders have undergone training, equipping them with skills to handle succession and matrimonial property disputes in a culturally accepted manner.
The alternative justice model has facilitated amicable dispute resolution, creating a “win-win” situation for conflicting parties while alleviating the burden on the formal judicial system.
“In the last month alone, we have resolved over ten succession-related disputes, particularly involving women who were previously marginalized,” Ruto noted.
Addressing the Plight of Widows and Family Disputes
The project has shed light on the challenges faced by widows, who are often accused of causing their husbands’ deaths as a pretext to deny them inheritance. Many are forcibly evicted by in-laws seeking to take over family property.
One such case involved a widow from Ziwa who had spent years battling in court for her rightful inheritance.
With NORTA’s intervention and the assistance of trained elders, the dispute was withdrawn from court and resolved amicably, allowing her to reclaim her property.
“This model has proven to be faster and more efficient than the lengthy court process, which often drags on for years,” Ruto emphasized.
Reducing Case Backlog in Courts
The initiative has also contributed to reducing the backlog of succession and inheritance cases in courts.
Ruto cited an example of a dispute between two families that remained unresolved in the courts for over a decade.
Through AJS, the matter was finally settled, bringing peace to the affected families.
Currently, Justice Under the Shade is being implemented in three sub-counties: Soy, Moiben, and Kapseret.
“We advise family heads to consider writing wills to ensure smoother succession processes in the future,” Ruto urged.
Capacity Building and Collaboration with Authorities
NORTA is also focusing on training women on succession and inheritance laws, ensuring they are well-informed about their rights.
Additionally, the organization is working closely with local administrators, such as chiefs, urging them to exercise impartiality in succession matters.
To enhance responsible reporting on inheritance issues, plans are underway to train journalists, ensuring media coverage does not fuel conflicts but instead promotes fair dispute resolution.
Furthermore, NORTA collaborates with the judiciary through the Court Users Committee (CUC) and the Office of the Director of Public Prosecutions (ODPP) to identify cases that can be withdrawn from court and settled through AJS.
A New Dawn for Justice in Uasin Gishu
As the initiative expands, its impact continues to be felt across the county, restoring hope to marginalized individuals and promoting harmony within communities.
“Justice should not be a privilege of the wealthy. Through this project, we are ensuring that even the most vulnerable can access their rights,” Ruto concluded.
By blending traditional dispute resolution methods with modern legal frameworks, Justice Under the Shade is setting a precedent for alternative justice systems in Kenya, offering an accessible, timely, and culturally relevant approach to conflict resolution.
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