THE ROLE OF INFORMAL TRADITIONAL JUSTICE SYSTEMS IN ENHANCING KENYA’S JUDICIAL SERVICE DELIVERY.....

As a means of decongesting Kenyan courts, this study examines various ways of accessing justice through alternative dispute resolution (ADR) mechanisms. ADR is now firmly enshrined in Article 159 of the constitution. Kenyans seeking justice face a number of challenges, including high litigation expenses, illiteracy, and lengthy distances to courts. ADR refers to a set of techniques for resolving conflicts outside of official courtrooms. Alternative Dispute Resolution, when utilised in conjunction with regular courts, ensures that Kenyans have access to justice. This is one of the approaches the Judicial Service Commission (JSC) should pursue in order to decongest the judiciary, which has a backlog of numerous cases, some of which date back decades. Arbitration, conciliation, mediation, negotiation, and communal agreements are some of the mechanisms available. To deliver justice to Kenyans, rule courts might be encouraged in Kenya's judicial systems. This is due to the fact that ADR is a flexible, non-complicated process that may be carried out at cheap expense to both the warring parties and the government. ADR procedures are more accessible to the public, flexible, quick, develop connections, are voluntary, and cost-effective, allowing a bigger portion of the community to access justice.

Please see the link :- https://www.ikprress.org/index.php/JOGRESS/article/view/1783