NAIROBI, Kenya, Jun 19 – Chief Justice Martha Koome, has called for the transformation of Africa’s justice systems to become more accessible, inclusive, responsive and people-centred.
Speaking during the official opening of the 3rd Africa Chief Justices’ Alternative Dispute Resolution (ADR) Forum in Nairobi, Chief Justice Koome emphasized the importance of strengthening alternative dispute resolution mechanisms and alternative justice systems to complement formal court processes and expand access to justice for millions of Africans.
“We gather at a time when access to justice remains one of the defining challenges confronting African societies. While our constitutions and statutes promise justice for all, the lived experiences of many Africans tell a more complex story,” she said.
The Chief Justice cited findings from the recently released Afrobarometer Round 10 Survey on Access to Justice, which revealed that only half of citizens across 38 African countries surveyed expressed confidence that ordinary people who are wronged can obtain justice through the courts.
The survey further showed that many Africans continue to seek justice through traditional leaders, community elders, customary courts, religious leaders and other community-based dispute resolution mechanisms.
Justice Koome noted that these findings underscore the need for African judiciaries to broaden their understanding of justice and create pathways that enable disputes to be resolved fairly, affordably, efficiently and in ways that strengthen social cohesion.
“The findings challenge us as judicial leaders to create pathways through which disputes can be resolved quickly, fairly, affordably and in ways that strengthen rather than fracture communities,” she stated.
The Chief Justice reaffirmed Kenya’s commitment to promoting Alternative Justice Systems (AJS) and Alternative Dispute Resolution (ADR) as critical pillars of judicial transformation.
She observed that while courts remain indispensable guardians of constitutionalism, human rights and the rule of law, they are not the only legitimate avenues through which justice can be achieved.
The CJ further highlighted the growing importance of ADR in supporting economic development across the continent. As Africa advances regional integration through Agenda 2063 and the African Continental Free Trade Area (AfCFTA), efficient dispute resolution mechanisms will play an increasingly vital role in enhancing investor confidence, reducing transaction costs and preserving commercial relationships.
“Commercial justice must be viewed as a form of economic infrastructure,” she remarked.
Speaking when he officially opened the forum, President William Ruto challenged African judicial leaders to reclaim the continent’s rich heritage of dispute resolution and position Africa as a global leader in alternative justice systems.
President Ruto noted that dialogue, mediation and reconciliation are deeply rooted African traditions that predate formal court systems. He emphasized that ADR is not an alternative to justice in Africa but its original foundation.
The President told the forum that in Kenya, the 2010 Constitution anchored Alternative Dispute Resolution into the supreme law, directing the courts to promote reconciliation, mediation, arbitration, and traditional dispute resolution.
He noted that Kenya’s court-annexed mediation programme has returned more than KSh52 billion to the economy and restored thousands of family relationships since 2016.
President Ruto urged African nations to strengthen local arbitration institutions and encouraged them to retain commercial dispute resolution within the continent, arguing that justice should be delivered by African institutions and jurists.
He further pledged to champion stronger support for African judiciaries among Heads of State, emphasizing that investment in judicial systems, technology, training and alternative justice mechanisms is essential for peace, economic growth and sustainable development under Africa’s Agenda 2063.
The two-day forum, under the theme “A Justice System That Serves, Listens and Resolves: Advancing ADR and Alternative Justice Systems for Peace, Inclusion and Prosperity in Africa,” has brought together Chief Justices, Heads of Judiciaries, judges, judicial officers, ADR practitioners, scholars, development partners and legal professionals from across Africa and beyond.
