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ACCESS TO JUSTICE

CJ Koome calls for a fair and compassionate justice system

Speaking during the Milimani Chief Magistrate Family Court Open Day themed “Bridging the Gap: Enhancing Access to Justice through Collaboration,” Koome said stakeholders in the justice system must work together to build a justice system that is accessible, inclusive, and responsive to the lived realities of families.

NAIROBI, Kenya Chief Justice Martha Koome has urged stakeholders in the justice sector to build a justice system that serves families with compassion, fairness, and integrity.

Speaking during the Milimani Chief Magistrate Family Court Open Day themed “Bridging the Gap: Enhancing Access to Justice through Collaboration,” Koome said stakeholders in the justice system must work together to build a justice system that is accessible, inclusive, and responsive to the lived realities of families.

She noted that this is the spirit of Court Users Committees (CUCs) — to serve as platforms for sustained dialogue, coordination, and joint problem-solving between the Judiciary and stakeholders.

Observing that the Judiciary cannot deliver justice in isolation, Justice Koome noted that family justice requires collaborative engagement with a wide range of actors — including children’s officers, probation officers, advocates, mediators, psychologists, religious and community leaders, and civil society organisations.

She underscored the importance of establishing dedicated family courts — both at the Chief Magistrates’ and at the High Court level — saying that this was informed by the understanding that family disputes are not just legal problems but emotional, social, and often trauma-laden issues, that touch the family unit which is the very heart of the society.

The CJ explained that before the establishment of these courts, family-related cases were handled within general civil registries, often resulting in significant delays, case backlogs, and outcomes that did not reflect the unique nature of family dynamics.

The Chief Justice argued that the creation of a dedicated family court is therefore a reformative step to enhance access to justice, especially for vulnerable groups such as children, women, and the elderly.

She added that Milimani Chief Magistrates’ Family Court, established in 2023, stands as a flagship model of the reforms which complement the work of the Family Division of the High Court, which has existed since 2003. The court, she noted, has already recorded a positive impact since its establishment, particularly in enhancing case management and improving access to timely justice.

“In its inaugural year, the court recorded 2,383 new case filings, with an impressive 2,355 cases concluded, demonstrating a strong commitment to efficiency and effective service delivery from the onset. In 2024, the court’s performance continued on an upward trajectory, with 2,960 cases filed and an even higher number of 3,308 cases concluded— a figure that includes both new cases and those carried forward from previous years. In 2025, the court received 909 new case filings, and concluded 965 cases,” said the CJ.

The Chief Justice explained that the Open Day is a timely and noble initiative that seeks to bridge the gap between the court and the public it serves while providing a platform to sensitize members of the public about the operations, services, and processes of the Family Court.

“It offers a space for engagement with our stakeholders — an opportunity to listen, to receive feedback, and to reflect on how we can better serve families in their time of need. CJ Koome added.

She called for continued use and promotion of Alternative Dispute Resolution (ADR) mechanisms — including mediation and alternative (traditional) justice systems (AJS) — in resolving family disputes.

Hon Everlyne Olwande who is the Court’s Head of Station and a Commissioner at the Judicial Service Commission said the family court has embraced alternative dispute resolution mechanisms such as mediation and Alternative Justice System that has allowed it to achieve win-win outcomes enabling parties to find common ground and resolve their disputes amicably.

“Additionally, our approach incorporates local customs, traditions and community-based ways of resolving conflicts, recognizing that justice is not merely about applying the letter of the law, but also respecting the cultural values that guide how people live and interact,” Hon Olwande explained.

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