Chief Justice Martha Koome on Tuesday launched alternative justice system in Garissa and noted that it is elevating the traditional masalaha system. 

Speaking at the Garissa Law Courts, the CJ, while acknowledging communal justice through the Maslaha system, also cited its limitations such as excluding women or treating survivors of gender based violence as objects of clan negotiations.

“Garissa alternative justice system County Action Plan is therefore explicit in committing to inclusive, rights-based ‎justice that ensures women, youth, minorities, and persons with disabilities are not just beneficiaries but active participants in shaping outcomes,” she said.

The CJ said the Alternative Justice system (AJS) has already proven itself as an effective, restorative, and humane way of resolving disputes.

“It prioritises reconciliation, preserves relationships, and promotes peace. Unlike the ‎adversarial court process, AJS allows people to be heard in their own voices, in familiar spaces, and ‎in culturally resonant ways,” she said while addressing locals at the court’s premises.

She said the alternative justice system is a unique ‎ability to combine justice with healing that makes it such a vital complement to the formal ‎justice system.

The function was attended by Garissa Governor Nathif Jama, area member of parliament Dekow Barow, judges and magistrates.

The AJS also comprised 42 elders, including representatives from religious leaders and civil society who are expected to preside over various disputes.

The traditional maslaha system has in the past come under sharp criticism over its role to preside over criminal matters such as murder, gender-based violence, including increasing cases of defilement.

Winfridah Mokaya, the Chief Registrar of the judiciary, said the 2010 Constitution gave life to AJS by expressly ‎recognizing traditional dispute resolution mechanisms as part of the justice system. 

“This is a uniquely Kenyan innovation, affirming ‎that justice is not only found in courtrooms but also in the lived traditions of our people,” she said. 

The Chief Registrar noted that the Judiciary has, in the ‎current financial year, set aside Sh20 million ‎to support the work of the Committee and to ‎expand the reach of AJS across the country. 

Garissa was the 12th AJS launched with Policy ‎Implementation Committee chaired by Justice Professor Joel Ngugi.

Garissa Governor ‎Nathif Jama, elders in the AJS are respected community leaders who have been involved in dispute mechanisms in the past. 

The governor supported the rallying call to have a court of appeal in the region saying his county administration is ready to support its establishment in the county. 

“If you commit to having a court of appeal here as a county, we will partner with the judiciary to ensure its establishment,” he noted.