Koome urges African judiciaries to rethink justice outcomes

by KenyaPolls

African judicial leaders have been encouraged to expand how they assess justice outcomes by staying committed to African justice frameworks and the Ubuntu philosophy, as a way of improving justice delivery across the continent.

At the official opening of the 4th National Conference on Alternative Justice Systems (AJS) in Kenya, held at the University of Embu, Chief Justice Martha Koome highlighted the increasing view that Africa’s justice future must rest not only on robust institutions but also on systems that are accessible, responsive and centred on people.

“Justice systems have traditionally depended on indicators such as case filings, clearance rates, backlog reduction and the speed with which matters are resolved. Those measures still matter. They allow judiciaries to track efficiency and accountability. Yet they do not always reflect the complete experience of justice from the viewpoint of the people we serve,” Koome said.

She also stressed that African judiciaries should develop justice systems that bring together formal courts, Alternative Dispute Resolution (ADR), AJS, restorative justice and community dialogue within a single, coherent framework.

“Through this, we affirm that the rule of law in Africa must be accessible, inclusive, rooted in culture, responsive to gender concerns, protective of vulnerable groups and able to deliver not only rulings, but also healing, social cohesion and enduring peace,” she said.

At Embu Law Courts, the CJ launched the Embu Alternative Justice Systems (AJS) Centre and AJS Registries for Embu, Siakago and Runyenjes Law Courts, with 12 other Chief Justices from African countries in attendance.

Justice Koome observed that, for many citizens, justice goes beyond the end of a case. She said it is also about whether relationships are restored, families heal after conflict and dignity is protected. She added that people must feel heard, respected and treated fairly.

The conference, under the theme “Data-Driven Pathways for People-Centred Justice in Kenya,” urged stakeholders to widen their understanding of what constitutes justice outcomes.

“It asks us to pose different questions. What if success is measured not only by the number of disputes settled, but also by the relationships restored? What if justice is assessed not simply through efficiency, but through reconciliation, trust, social cohesion and human dignity?” she asked.

CJ Koome noted that the African Union, through Agenda 2063 and the African Union Transitional Justice Policy, recognises that justice in Africa must go beyond formal dispute adjudication.

It must also heal, reconcile, restore dignity, rebuild trust and strengthen the ties that bind communities together.

She stressed that AJS should not be treated as secondary to formal justice, but as a vital expression of African jurisprudence grounded in the continent’s histories, cultures and communal wisdom, while supporting the African Union’s vision of a peaceful, inclusive and people-centred Africa.

“For generations, elders and community leaders across Africa have assisted families and communities in resolving disputes, restoring relationships and maintaining social harmony,” she said.

“As African judiciaries, we must therefore approach justice in a holistic way. A court ruling may resolve a legal issue, but justice must also address the human question: Has harm been acknowledged? Has dignity been restored? Has the community been healed? Has peace been rebuilt?” CJ Koome stated.

The CJ reminded participants that the future of justice in Africa will not be located only in courtrooms. “It will also be found in communities, in dialogue, in reconciliation and in the wisdom of elders who have long acted as custodians of peace and social harmony.

Justice will be found in systems that place people at the centre, value dignity as much as efficiency and seek not only to settle disputes but also to heal and restore relationships,” she said.

Also addressing the forum, Deputy Chief Justice Philomena Mwilu urged justice sector stakeholders to strive for a system that gauges success by meaningful social impact.

The DCJ said this would require stronger partnerships between the Judiciary, county governments, academia, civil society, development partners and the communities themselves.

“It will require better data, rigorous evaluation and a willingness to learn from both achievements and shortcomings. Most importantly, it will require us to keep justice seekers at the centre of every reform,” she said.

The CJ of Zambia and Chairperson of the African Chief Justice ADR Forum, Dr Mumba Malila, said judges must answer the constitutional call to encourage and use Alternative Dispute Resolution by guiding the evolution of ADR thoughtfully and responsibly.

“AJS can expand access to justice while safeguarding social cohesion. As our society changes, so must our justice system. We must embrace a multi-door courthouse approach by clearly linking ADR with the economies of our countries and explaining how ADR releases millions held in litigation,” CJ Malila explained.

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