Chief Justice Martha Koome has called for a broader embrace of Alternative Dispute Resolution (ADR) across Africa, arguing that courts cannot, on their own, meet the growing demand for justice on the continent.
Speaking at the Third Africa Chief Justices’ ADR Forum in Nairobi, Koome said many Africans continue to seek solutions through community-based mechanisms before turning to formal courts. That reality, she said, should encourage judicial leaders to rethink how justice is delivered.
“Across the continent, many citizens turn first to traditional leaders, customary courts, community elders, religious leaders and other community-based mechanisms when confronted with disputes,” Koome told delegates gathered at Safari Park Hotel.
Her remarks came as senior judges from across Africa met in Nairobi to discuss ways of reducing court delays, improving access to justice and strengthening public confidence in legal systems.
Koome pointed to findings from the latest Afrobarometer survey, which suggest that only about half of Africans believe ordinary citizens can obtain justice through formal courts. Rather than viewing this as a rejection of the judiciary, she said it reflects the need for justice systems that are more accessible and responsive to people’s everyday experiences.
Public Trust in Courts Remains a Challenge
“The findings challenge us as judicial leaders to broaden our understanding of justice and to create pathways through which disputes can be resolved quickly, fairly, affordably and in ways that strengthen rather than fracture communities,” she said.
ADR mechanisms, including mediation and arbitration, can help bridge the gap between formal courts and traditional dispute-resolution systems, according to Koome. She argued that such approaches often resolve conflicts more quickly, at lower cost and with less strain on relationships.
While stressing that courts remain the guardians of constitutional rights, the rule of law and democratic governance, she said they should not be seen as the only route to justice.
ADR Seen as Key to Economic Growth
The Chief Justice also linked efficient dispute resolution to Africa’s economic ambitions. As regional trade expands under initiatives such as the African Continental Free Trade Area, she said businesses increasingly depend on reliable systems that can settle disputes swiftly and predictably.
“In this sense, commercial justice must be viewed as a form of economic infrastructure,” Koome said.
Participants at the forum are expected to exchange experiences and develop recommendations aimed at embedding ADR more firmly within national justice systems. The gathering is also expected to produce a Nairobi Communiqué outlining priorities for future reforms.
Koome expressed hope that the discussions would help shape justice systems that are more inclusive, accessible and focused on reconciliation.
Her message was clear: courts will remain central to the administration of justice, but Africa’s future legal landscape must also recognise the role of community-centred approaches that help citizens resolve disputes closer to home.
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