A landmark symposium held today in Nairobi brought together legal experts from across East Africa to examine the growing role of informal justice systems in resolving disputes.
The discussions marked a shift away from conventional courtrooms toward more culturally rooted, cost-effective mechanisms tailored to local realities.
Uganda Law Society Vice President Anthony Asiimwe underscored the urgency of adopting cross-border Alternative Justice Systems (AJS) and Non-Conviction Based Dispute Resolution (NCDR) to tackle swelling caseloads and improve access to justice, particularly in underserved communities.
“We are witnessing a paradigm shift,” Asiimwe said. “These models don’t replace formal courts — they complement them. For many citizens, especially in rural areas, AJS and NCDR provide the only realistic path to timely, fair dispute resolution.”
The impact of these systems is already evident. Kenya’s judiciary has reported a 15% reduction in court backlogs since launching AJS suites in 2023.
These approaches—centered on mediation, community dialogue, and customary practices—are supported by Article 159(2)(c) of Kenya’s 2010 Constitution, which encourages dispute resolution through traditional mechanisms.
Recent research confirms the growing trust in such frameworks. A 2024 study published in the Journal of Legal Pluralism found that 60% of disputes in rural East Africa are now resolved outside formal courts, reflecting a strong public preference for local and culturally relevant justice systems.
The symposium also spotlighted NCDR, a non-adversarial model that is gaining international momentum.
Now a mandatory step in financial remedy cases in some jurisdictions, NCDR offers a more collaborative alternative to litigation.
According to the 2025 Sherrards Legal Report, widespread adoption of NCDR could reduce legal costs by up to 30%—a critical benefit for justice systems operating under financial constraints.
“These innovations aren’t just legally sound — they’re economically smart,” said Kenyan mediator and legal scholar Dr Leah Mbote, who served as a panelist.
“We’re seeing a shift toward expert-led arbitration that respects local contexts and saves litigants both time and money.”
With regional legal systems facing increasing pressure from overburdened courts and limited resources, symposium participants agreed that expanding access to AJS and NCDR will be essential to safeguarding justice for all.
“Justice is not a luxury. It must be accessible, affordable, and adaptable,” Asiimwe concluded. “Informal systems are not inferior — they are often more inclusive and in tune with the people they serve.”
The symposium signaled a turning point in East Africa’s legal landscape, charting a future where communities and courts collaborate to deliver justice that is both equitable and culturally attuned.
