CJ Roots for Traditional Dispute Mechanism

Chief Justice David Maraga has urged Court User’s Committee (CUC) members to advocate for arbitration of some cases at the community level to enhance mutual co-existence.

The CJ also pointed out that arbitration at the community level with the help of clan elders had a component of forgiveness especially on social matters where they encouraged people to pardon one another, because punishing may not help much especially where close family members were involved.

Courts do not have a component of forgiveness because all wrongs whether major or minor are punishable under the law unless dialogue is initiated by affected parties. That is why we encourage people to resolve some matters at the community level, and only come to court when the case is completely out of hand.

Mr. Maraga thanked CUC members for their unwavering support in ensuring that courts delivered efficient services to the citizenry.

While addressing CUC members on Wednesday during a visit to Ogembo law courts in Gucha Sub County, the CJ said cases that were resolved at the community level left the affected parties in harmony.

Cases resolved by the courts create a battle-like scenario where each party is striving to win and obviously, the court must make a ruling which will not please either of the affected parties and this may lead them to be lifelong enemies, Mr. Maraga said.

He observed that at the community level, there was more than just making a ruling to punish an offender because elders handling the case give advice to both parties on the importance of living together and their main interest is peaceful co-existence, since we all need each other for various reasons.

Source: Kenya News Agency