November 6, 2023
November 6, 2023
Alternative Justice System Guidelines
Third-Party Alternative Justice System Institutions, AJS Institutions such
as village elders, chair of Nyumba Kumi groupings; Community Land
Management Committees; National Land Commission play a critical role
in ensuring access to justice for all in matters land and natural resource
management. With Constitutional recognition and protection, AJS holds
the key to unlocking the backlog of land cases in the Environment and
Land Court and ensuring that communities enjoy the benefits of landbased resources devoid of prolonged dispute resolution processes.
Alternative Justice Systems have huge potential for enhancing access
to justice, strengthening the rule of law and bringing about development
among communities living on community land.
These guidelines provide a basis for reference for third party AJS
institutions working in community lands in Kenya. These guidelines
acknowledge citizens autonomy and make reference to the Constitution
as the supreme law of the nation, successive land laws with a specific
focus on the community land Act. These guidelines also look at existing
AJS practises among communities and provide a basic process to follow
in resolving disputes in community land.
Cognisant that disputes affect women and men differently, the guidelines
provide basic principles to consider when resolving community land
disputes using AJS to ensure inclusivity. The guidelines capture risks,
assumptions and mitigation factors when using AJS in community land.
To maximize the efficiencies, effectiveness and complementarities of
AJS in community land, the guidelines provide set indicators that can
be monitored and reported over a period of time to improve the system.