Judiciary Unveils Alternative Justice System in Mombasa to Expedite Dispute Resolution

By George Otieno

Email, thecoastnewspaper@gmail.com

Chief Justice Martha Koome on Thursday, August 21, 2025, officially launched the Alternative Justice System (AJS) model at the Treasury Grounds in Mombasa, in a move aimed at promoting faster, culturally grounded, and community-led approaches to resolving disputes.

Speaking during the launch, Koome emphasized that the AJS framework would significantly ease the resolution of land disputes and reduce the burden on Kenya’s formal courts. She lauded the system for aligning with indigenous conflict resolution traditions that have long existed across Kenyan communities.

“For example, the Digo used papaya fruit to resolve disputes, and in Meru culture, the Njuri Ncheke slaughtered a goat to signify resolution,” Koome said.

She noted that the newly trained AJS committees are well-equipped to offer fair and timely resolutions, ensuring justice remains accessible at the grassroots level.

The Mombasa model integrates three community-based dispute resolution mechanisms into a unified framework tailored to local needs. According to the Judiciary, a significant number of residents already prefer resolving issues through chiefs, elders, and other traditional methods rather than through the formal justice system.

To support this shift, the AJS working group has recommended the establishment of court-annexed AJS panels at all court stations. These panels will offer structured, culturally relevant services that complement formal judicial processes and expand access to justice.

Judicial Service Commissioner Justice Antony Mrima encouraged local residents to adopt the model wholeheartedly, pointing to the effectiveness of traditional conflict resolution mechanisms.

“Our ancestors successfully resolved conflicts using traditional methods. I encourage you to fully adopt this model, as we have a history of solving our own matters,” Mrima said.

He also revealed plans to roll out similar AJS centers in Kilifi and Kwale counties, urging Governor Fatuma Achani and other regional leaders to support the initiative’s expansion.

Mombasa Governor Abdulswamad Sheriff Nassir welcomed the launch, urging the Judiciary to prioritize land disputes, which he described as the county’s most persistent legal challenge.

“For years, land disputes have plagued Mombasa. Some individuals politicize these issues, but our culture encourages dialogue before resorting to formal courts,” Nassir said.

The governor cited widespread land grabbing, forced evictions, and a massive backlog of unresolved cases as barriers to justice and development.

“Mombasa leads the country in court cases. Our courts currently have 2,000 pending land dispute cases,” he stated.

Nassir outlined ongoing efforts to address land ownership challenges, including the establishment of the Ardhi Fund, an initiative aimed at helping landless communities acquire title deeds.

“We established the Ardhi Fund deliberately to tackle land ownership issues,” he added.

He further cautioned politicians against using land-related grievances for political gain, accusing some of seeking “political mileage.” He announced plans to recruit additional legal advocates to help clear legacy cases dating back to independence.

Mombasa Senator Mohammed Faki echoed these sentiments and called for increased staffing in the Judiciary.

“Traveling to Kilifi or Mombasa is burdensome for many. A Kadhi’s court in Shanzu would provide significant relief to locals,” Faki said.

He urged the Judiciary to establish a Kadhi’s court in Shanzu to serve residents in outlying areas, and to deploy more judges and magistrates to help clear the case backlog.

Mombasa is now the 11th county in Kenya to officially adopt the Alternative Justice System, as the Judiciary moves to institutionalize people-centered justice and reduce dependency on formal litigation.