Effect alternative justice beyond tokenism

A few days ago, the Judiciary launched an alternative justice policy to provide anchorage and mechanisms for mainstreaming and upholding alternative and traditional mechanisms practised by communities in resolving their disputes.

The policy underscores the fact that it is not seeking to create but recognise and provide space by which these practices can continue to be utilised to resolve disputes and their existence and outputs not just appreciated but respected by the formal justice system.

The background to the policy is traced to the decision of the first Chief Justice under the Constitution, retired Chief Justice Willy Mutunga. Following a meeting with elders from several communities, he made a pronouncement of his deep belief that traditional dispute resolution mechanisms were a fundamental part of the justice system and needed to be given greater prominence.

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