Alternative justice systems are “an essential expression of African jurisprudence”, says CJ Koome
More than a dozen leaders of judiciaries across Africa gathered at the University of Embu in Kenya this week for the 4th National Conference on Alternative Justice Systems, where they and other stakeholders were challenged to broaden their understanding of justice outcomes for the betterment of the continent.
For many Africans, justice means more than the conclusion of a legal case and can involve the restoration of relationships, finding healing after conflict, dignity being preserved, and people feeling heard, respected, and treated fairly, said Chief Justice of Kenya Martha Koome while attending an alternative justice conference this week.
Alternative Justice Systems are not an afterthought to formal justice, said Chief Justice Koome; instead, they are an essential expression of African jurisprudence, rooted in the continent’s histories, cultures, and communal wisdom,
“It calls upon us to ask different questions,” said the Chief Justice. “What if success is measured not only by the number of disputes resolved, but also by the number of relationships restored? What if justice is measured not just through efficiency, but also through reconciliation, trust, social cohesion, and human dignity?”
The 4th National Conference on Alternative Justice Systems (AJS), held this week at the University of Embu under the theme “Data-Driven Pathways for People-Centred Justice in Kenya”, offered an invaluable platform for judicial leaders to exchange experiences, learn from one another, and explore innovative approaches to justice delivery rooted in African values, traditions, and the spirit of Ubuntu.
Alongside Chief Justice Koome, more than a dozen Chief Justices and Heads of Judiciaries from across Africa were in attendance, and were challenged alongside other stakeholders to broaden their understanding of justice outcomes.
“The strong continental representation reflects a growing recognition that the future of justice in Africa must be people-centred, accessible, inclusive, and responsive to the needs of our communities,” shared Chief Justice Koome, who also launched Embu Alternative Justice Systems (AJS) Centre and AJS Registries for Embu, Siakago and Runyenjes Law Courts at Embu Law Courts. “It also demonstrates our shared commitment as African Judiciaries to advancing justice systems that not only resolve disputes but also promote healing, reconciliation, social cohesion and lasting peace.”
Traditionally, justice systems have relied on indicators such as case filings, case clearance rates, backlog reduction, and the speed of case resolution.
While such measures are important, helping judiciaries monitor efficiency and accountability, they do not always capture the full experience of justice from the perspective of the people the systems are meant to serve, noted the Chief Justice.
“For generations, elders and community leaders across Africa have helped families and communities resolve disputes, restore relationships, and preserve social harmony,” she said. “As African judiciaries, we must therefore think about justice holistically. A court judgment may settle a legal question, but justice must also answer the human question: Has harm been acknowledged? Has dignity been restored? Has the community been healed? Has peace been rebuilt?”
She emphasised the need for African judiciaries to build justice systems that integrate formal courts, Alternative Dispute Resolution (ADR), alternative justice Systems, restorative justice, and community dialogue into one coherent ecosystem.
Chief Justice Koome acknowledged the African Union, through Agenda 2063 and the African Union Transitional Justice Policy, recognises that justice in Africa must extend beyond the formal adjudication of disputes; it must also heal, reconcile, restore dignity, rebuild trust, and strengthen bonds that hold communities together.
During the conference, Deputy Chief Justice Philomena Mwilu asked stakeholders to aspire to build a justice system that measures success by meaningful social impact. This would require stronger partnerships between the judiciary, governments, academia, civil society, development partners, and communities themselves.
“It will require better data, rigorous evaluation and a willingness to learn from both our successes and our shortcomings,” said the Deputy Chief Justice. “Most importantly, it will require us to keep justice seekers at the centre of every reform.”
Dr Mumba Malila, SC, the Chief Justice of the Republic of Zambia and Chair of the African Chief Justice ADR Forum, argued that judges must respond to the call by Constitution to encourage and utilise Alternative Dispute Resolutions by championing ADR evolution thoughtfully and responsibly. “AJS can widen access to justice while preserving social cohesion. As our society evolves so must our justice system. We must embrace the multi-door courthouse approach by drawing a clear connection between ADR and the economies of our countries.”
ADR, explained Chief Justice Malila, frees millions of dollars held in litigation.
