Kenya’s judiciary is increasingly turning to Alternative Dispute Resolution (ADR) mechanisms to reduce case backlogs, speed up the delivery of justice and offer citizens faster, less expensive ways of resolving disputes without lengthy court battles.
Chief Justice Martha Koome says initiatives such as the Small Claims Court, court-annexed mediation and Alternative Justice Systems (AJS) have transformed the justice sector by helping thousands of Kenyans resolve disputes amicably while easing pressure on courts overwhelmed by pending cases.
Speaking during an interview aired on a local television station on Sunday, July 19, Koome said the judiciary’s reforms are designed to make justice more accessible while ensuring disputes are resolved efficiently and fairly.
Small Claims Court easing commercial disputes
One of the judiciary’s biggest success stories has been the Small Claims Court, which was established to handle low-value commercial disputes through simplified procedures.
According to Koome, the specialised court has become a lifeline for small and medium-sized enterprises (SMEs), allowing business owners to recover debts quickly without navigating lengthy court processes.
“The Small Claims Court is available. The turnaround period is 60 days, and they can go to court. It’s simplified. You just file your papers and your evidence, and you get your judgment and decree,” she said.
The shorter timelines have enabled entrepreneurs to recover outstanding payments more efficiently, improving cash flow for businesses while reducing the burden on ordinary courts.
Mediation restoring families and communities
Court-annexed mediation has also emerged as one of the judiciary’s most effective tools, particularly in handling family and succession disputes.
Rather than allowing disagreements to escalate through prolonged litigation, courts now refer many cases to trained mediators who help parties reach mutually acceptable settlements.
Koome said the approach has resolved thousands of succession disputes while rebuilding relationships that might otherwise have been permanently damaged.
“We have helped thousands of families, especially in family disputes. We now refer succession cases for mediation because the biggest problem is that when people get into these disputes, they don’t talk to each other. Mediators help them communicate, and we have solved thousands of succession cases while restoring relationships and harmony in communities,” she said.
She noted that mediation has also proved effective in resolving land disputes, boundary disagreements and contractual conflicts, enabling parties to settle matters without years of costly litigation.
Community justice reducing pressure on courts
Beyond formal mediation, the judiciary has expanded Alternative Justice Systems (AJS), which empower communities to resolve disputes locally before they reach the courtroom.
The programme trains community members to mediate conflicts using recognised traditional and community-based justice mechanisms while remaining within Kenya’s legal framework.
However, Koome emphasised that serious criminal offences, including sexual and gender-based violence cases, cannot be resolved through mediation and must proceed through the formal justice system.
She added that ADR mechanisms continue to play a role even after court judgments have been delivered.
“They bring the decree to the mediators or take it to the Alternative Justice Systems, and they find an amicable solution. They agree on how payments will be made, greet each other, and resolve the matter peacefully. We are resolving very many cases that way,” Koome explained.
Why ADR is becoming more important
For years, Kenya’s judiciary has grappled with a growing backlog of cases caused by increasing litigation, limited judicial resources and lengthy court procedures.
ADR has become a critical solution by diverting suitable disputes away from conventional courtrooms, allowing judges to concentrate on more complex civil and criminal matters while providing citizens with quicker and more affordable access to justice.
The reforms are also helping preserve relationships between disputing parties by encouraging dialogue, negotiation and consensus instead of adversarial legal battles.
As the judiciary continues modernising its operations, ADR is expected to play an even greater role in delivering timely justice, strengthening public confidence in the legal system and ensuring that courts remain accessible to all Kenyans.
