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

This research examines various ways of accessing justice through alternative dispute resolution (ADR) mechanisms as a way of decongesting Kenyan courts. ADR is now well entrenched in the constitution article 159. Kenyans seeking access to justice have to grapple with high litigation costs, illiteracy and long distances to courts among other factors. ADR includes mechanisms that are used to management of disputes without resorting to formal courts. If Alternative Dispute Resolution is used to complement formal courts, is a sure way of ensuring Kenyans access justice. This one of the methods the Judicial Service Commission (JSC) should pursue as a way of decongesting the Judiciary which has a backlog of many cases some dating to decades. Mechanisms such as Arbitration, conciliation, Mediation, Negotiation and communal rule courts can be promoted in Kenya’s judiciary mechanisms to provide justice to Kenyans. This is because ADR is a flexible process, not so complicated and can be run at low costs both to the warring parties and the government. ADR mechanisms are closer to the people, flexible, expeditious, foster relationships, voluntary and cost-effective and thus facilitate access to justice by a larger part of the population.