By GASTONE VALUSI
Access to justice in the Lower Eastern region received a major boost on Monday, October 26, 2026, after the Judiciary launched the Alternative Justice Systems (AJS) Service Week at Nthwanguu Public Grounds in Kitile, Mwala, Machakos County.
The exercise was presided over by Wamunyu Law Courts Senior Resident Magistrate Pascal E. Nabwana and brought together community members, local administrators and traditional leaders in an effort to integrate community-based dispute resolution mechanisms into the formal justice system.
The launch attracted approximately 300 members of the public, a turnout that Nabwana said reflected strong community interest in accessible, speedy and peaceful resolution of local disputes through legally recognised alternative mechanisms.
“I have noted that the people of Kitile have had difficulties travelling to Machakos for justice, and even Wamunyu is far away. Today, however, the court has brought you a system that will enable you to resolve your disputes here at home,” Nabwana said.
A key highlight of the exercise was the training and commissioning of 47 elders drawn from Kitile, Itumbule and Mukaa villages. The elders, who represent their respective clans, are now mandated to hear, mediate and resolve local disputes under the structured AJS framework.
To support their work, the elders received Information, Education and Communication materials, standardised reporting forms and templates to help them document resolved cases in a uniform format for reference by the courts.
In his address, Nabwana issued guidelines to ensure that the traditional dispute resolution mechanisms comply with the Constitution. He emphasised that elders must handle matters referred to them by courts or brought directly by members of the public while upholding human rights, fairness and equality.
He also warned against illegal cultural oath-taking practices, specifically prohibiting rituals such as Kithitu and Ngata, which he said were outlawed and incompatible with the Constitution.
To safeguard children, the magistrate announced the establishment of a specialised child protection mechanism within the AJS structure.
A team of four elders, comprising two women and two men, was selected to handle all child-related cases. The team will operate under the guidance and supervision of the Secretary of Children Services to ensure that children’s welfare is protected in accordance with statutory requirements.
The initiative is expected to help decongest courts and bring justice closer to communities through mediation led by elders.
Nabwana noted that although legislation provided the legal foundation for restorative justice, laws alone could not guarantee successful implementation.
He said effective restorative justice required strong institutions, clear procedures, competent practitioners and close collaboration among stakeholders.
The magistrate explained that restorative justice offered an alternative way of resolving certain criminal matters without necessarily subjecting offenders to lengthy court proceedings or imprisonment, particularly where an offender accepted responsibility and both the victim and offender were willing to reach an agreement.
He added that restorative justice was not entirely new to Kenyan society, noting that traditional institutions had historically used similar approaches to resolve disputes, repair harm and restore relationships within communities.
The current initiative, he said, sought to refine, formalise and institutionalise these traditional practices within the modern justice system through appropriate legislation and structured procedures.
