By Abdimalik Hajir - Reporter
25 May 2026 - Stakeholders in Garissa have called for stronger documentation of outcomes arising from Alternative Justice System (AJS) processes and closer collaboration between AJS structures and the formal judicial system through referrals where necessary.
The calls emerged during a two-day stakeholders’ meeting organized by the Kenya National Commission on Human Rights and held at a hotel in Garissa.
Participants drawn from different sectors emphasized the need to strengthen awareness, empowerment, and capacity building around AJS mechanisms within communities.
They also recommended taking the AJS conversation to the grassroots level by ensuring every sub-county is covered to improve public understanding and participation.
Speaking during the meeting, human rights defender Irshad Yussuf underscored the importance of collaboration among different AJS mechanisms and the need to properly document final outcomes of cases handled through the systems.
He stressed the need to engage traditional dispute resolution structures on their limits to ensure they operate within the law and respect human rights principles.
“There is a continued need to strengthen sensitization and awareness creation programmes targeting stakeholders and community members across Garissa County to enhance public understanding of the Alternative Justice System,” Yussuf said.
He noted that despite ongoing efforts, many residents still remain unaware of the scope, mandate, and operational framework of AJS, including the types of disputes it can appropriately handle and its relationship with the formal justice system.
Garissa-based human rights activist Hamdi Bishar highlighted Sexual and Gender-Based Violence (SGBV) as a major concern, warning that such cases should never be subjected to informal justice mechanisms.
She called for increased awareness among residents and those handling community dispute resolution systems to ensure SGBV cases are addressed through the formal judicial process.
“Enhancing awareness programmes among residents and those handling community dispute resolution processes must be prioritized,” she said.
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“This will help prevent inappropriate handling of SGBV matters through informal mechanisms and ensure survivors receive proper legal protection, support, and access to justice.”
Acting KNCHR CEO Joseph Ndiku said AJS remains an acceptable mode of accessing justice that complements the judiciary and advances Article 48 of the Constitution on access to justice.
“There’s a need to transform any AJS mechanisms that do not comport with the Constitution to ensure compliance with human rights principles and standards,” Ndiku said.
He noted that AJS reflects the lived realities of many communities and continues to be widely embraced at the grassroots level.
Ndiku added that although some AJS mechanisms operate autonomously, adherence to constitutional provisions under Article 159(3) remains critical.
“The traditional dispute resolution mechanisms must ensure that whatever they do is within the confines of the Constitution. There should never be cases of human rights violations,” he said.
He said the training identified the need for stronger documentation of AJS outcomes and closer coordination between community justice systems and formal courts through referrals where necessary.
In September last year, Chief Justice Martha Koome launched the Garissa Alternative Justice System initiative, paving the way for residents to resolve disputes outside conventional courts.
The Judiciary formally recognized Alternative Justice Systems in 2020 through the launch of the AJS Policy, creating a constitutional framework for such mechanisms.
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