Most Kenyans Avoid Courts, Prefer Alternative Justice Systems — Judge Ngugi | Dawan Africa

By Issa Hussein - Reporter

Kenya, May 22, 2026 - A majority of Kenyans prefer resolving disputes through Alternative Justice Systems (AJS) rather than formal court processes, Court of Appeal Judge Joel Ngugi has said.

Speaking during a symposium for tribunal chairpersons and members in Nyeri, Justice Ngugi said a 2017 survey revealed that only 17 per cent of Kenyans with justice-related disputes sought redress in court, while 64 per cent turned to alternative mechanisms.

Another 19 per cent chose to abandon their cases altogether, a phenomenon he described using the local phrase “Kuachia Mungu” — where people give up on seeking justice due to the perceived complexity and cost of legal processes.

“The statistics elucidate the need to strengthen Alternative Justice Systems in Kenya, which is clearly the preferred mode of accessing justice,” said Justice Ngugi, who chairs the Judiciary’s Alternative Justice Systems Taskforce.

He urged tribunals to play a greater role in promoting people-centred justice and safeguarding the integrity of AJS processes. Citing Article 159(2)(c) of the Constitution, the judge noted that the Judiciary has a constitutional obligation to promote alternative dispute resolution mechanisms.

“You must be vigilant so that human rights are not infringed upon when a matter is being handled under AJS. Do not let parties do harm to each other,” he said. “You have a duty to transform access to justice. As Tribunals, you must keep interested and know what is happening in AJS,” he added.

More from Kenya

Family of Slain Man Demands Murder Charge Against Police Officer, Oppose Manslaughter

Ethiopia’s Somali Region Opens $4.3 Million Road Project in Jigjiga

Justice Ngugi advised tribunals to carefully assess whether disputes are suitable for alternative resolution before referring them outside formal court structures. “The first question you must ask yourself is: Did both parties voluntarily subject themselves to AJS?” he said.

“The second one is whether there is a constitutional, statutory or compelling public interest that negates the use of AJS to resolve a matter,” he added. The appellate judge further cautioned tribunals against becoming overly technical and adopting rigid court-like procedures that may discourage ordinary Kenyans from seeking justice.

“Tribunals must guard against getting too technical and court-like and focus on keeping their services simple and accessible,” he said. Justice Ngugi challenged tribunal members to see themselves not only as adjudicators but also as problem-solvers helping citizens navigate justice systems.

“In some instances you are adjudicators where you decide on a matter. In other instances, you are called upon to be justice problem solvers,” he said.

“Above all, you must be stewards of the justice journeys for the people.”