“Instead of Fighting for Years in Court, Let Us Embrace Alternative Ways to Solve Disputes” Says CJ Martha Koome

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Chief Justice Martha Koome has urged Kenyans to consider using alternative dispute resolution methods instead of relying only on court battles that often take many years to conclude. 

She said the Judiciary is encouraging citizens to resolve conflicts through peaceful and faster approaches such as mediation and arbitration.

Speaking during a public engagement forum, Chief Justice Koome explained that the country’s courts are currently handling a large number of cases, which has caused delays in delivering justice.

She noted that many disputes remain unresolved for long periods, leaving families, businesses, and communities struggling to move forward.

Koome said, “Instead of fighting years on end in our courts that have a huge backlog of cases, we are encouraging people to embrace alternative dispute resolutions.”

She explained that these methods allow parties involved in disagreements to sit together and find solutions with the help of trained mediators or arbitrators.

According to the Chief Justice, alternative dispute resolution, commonly known as ADR, helps reduce tension between parties and encourages dialogue rather than confrontation.

She said that in many cases, disputes solved through mediation lead to lasting peace because both sides are given a chance to express their views and agree on solutions.

Koome also highlighted that ADR is usually faster and less expensive compared to traditional court processes.

She noted that court cases often involve legal fees, travel expenses, and long waiting periods, which can place a heavy burden on citizens.

By using alternative methods, she said people can save both time and money while still achieving justice.

The Chief Justice explained that ADR is especially useful in resolving family disagreements, business conflicts, land disputes, and community-related issues.

She said these matters often involve relationships that need to be preserved, and mediation provides an opportunity to maintain harmony instead of creating deeper divisions.

Koome further said the Judiciary has already taken steps to promote ADR by establishing mediation centres in various courts across the country.

She noted that trained mediators are available to help parties reach agreements without going through lengthy trials.

She added that the Judiciary is also working with other institutions to create awareness about the benefits of these dispute resolution methods.

She emphasised that promoting ADR does not mean courts will stop handling cases.

Instead, she said courts will remain available for complex matters that require formal legal determination.

However, she encouraged Kenyans to first consider alternative options before filing cases in court.

Legal experts have supported the Chief Justice’s call, saying ADR has helped reduce case backlogs in many countries.

They argue that encouraging dialogue-based solutions can help the justice system operate more efficiently while ensuring that disputes are resolved in a fair and timely manner.

Some members of the public have welcomed the initiative, saying that long court battles often cause emotional stress and financial hardship.

They believe mediation offers a more friendly environment where people can openly discuss their problems and reach mutual understanding.

However, some citizens have expressed concerns about whether ADR decisions are always respected by all parties.

Legal professionals have explained that agreements reached through mediation can be recognised and enforced by courts, making them legally binding.

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