Alternative Disputes Resolution Tipped To Reduce Backlog of Cases in Eldoret Courts

Stakeholders in the justice system have asked Kenyans to embrace the use of the Alternative Disputes Resolution (ADR) mechanism.

The stakeholders who spoke during the launch of the Uasin Gishu Cunty Court Users Committee (CUC) said ADR, if well utilized, can help address the backlog of cases that many courts are currently grappling with.

Justice Elijah Obaga, the Eldoret Environment and Land Court Presiding Judge noted that since the use of the new system was initiated, a number of succession cases had been resolved.

Most of the disputes that we have in our courts today can actually be handled through Alternative Disputes Resolution (ADR),” said Justice Obaga.

“We have had over 100 land cases solved through mediation,” he added.

Eldoret Environment and Land Court that handles succession cases.

Eldoret High Court Presiding Judge Reuben Nyakundi shared similar sentiments.

Game changer

Justice Nyakundi said it is not only succession matters that can be handled by ADR, but any other case – unless excluded by law or constitution.

He described ADR as not only a game changer in the justice system but also transformative.

In succession matters, we have a success story. We just reduced waiting time, the costs, the emotions accompanied with litigation in a legal system which takes a long time because the queue is informed by the workload,” said the Eldoret High Court Presiding Judge.

The decision ADR reaches carries the same weight as that issued by the court,” he added.

On her part, Eunice Odhiambo, the Superintendent of Prisons and officer in charge of Eldoret Women’s Prison expressed optimism that with more Kenyans embracing ADR, it will help in addressing congestion in prisons.

Odhiambo admitted that currently, a huge percentage of individuals in prison are the ones awaiting the hearing and determination of their cases.

Kenyan laws allows use of Alternative Dispute Resolution (ADR)
Kenyan laws allows use of Alternative Dispute Resolution (ADR).

We’re looking forward to reaping well from this because it’s going to help us reduce congestion in prisons as they will avail justice to the suspects as soon as possible,” she said.

Backlog of cases

“The Prison population is huge at the moment mainly of prisoners awaiting trial because of delays, the backlog of cases but through this meeting, I’m such issues will be addressed,” she added.

Uasin Gishu Governor Jonathan Bii on his part affirmed his commitment to support the ADR system.

He pledged to allocate land in Moiben which will be used in handling cases under the system.

The ADR mechanism is essential for enhancing the administration of justice in our country and alleviating the mounting pressure on courts caused by the growing backlog of cases,” the Governor said.

Governor Bii when he addressed the Uasin Gishu CUC meeting in Eldoret on May 26, 2023.
Governor Bii when he addressed the Uasin Gishu CUC meeting in Eldoret on May 26, 2023.

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