Chief Justice Martha Koome has issued a directive on the adjournment of cases by the Employment and Labour Relations Court (ELRC).
CJ Koome urged the ELRC to continue enforcing the “no adjournment policy” in order to minimize delays and ensure that justice is not only done but done expeditiously.
The CJ was speaking on Monday, July 22, 2024, during the Nairobi ELRC Open Day at Milimani Law Courts grounds.
Koome said reduction in incidents of adjournments requires robust and proactive approach to case management adding that it also requires stakeholders to work with the court and support the court’s focus on delivering timely justice.
She further noted that it was imperative for the Judiciary to promote and integrate Alternative Dispute Resolution (ADR) mechanisms more robustly.
Koome said conciliation, mediation, and traditional justice systems offer effective and flexible alternatives to conventional litigation.
Chief Justice Martha Koome Offers Alternative for Adjournment of Cases
CJ Koome while urging all stakeholders to actively participate in and advocate for ADR methods as primary options for dispute resolution explained that ADR not only alleviates the burden on our courts but also provides parties with more amicable, timely, and cost-effective solutions.
“Conciliation and mediation stand out as key components of ADR within the employment context. These processes foster a spirit of cooperation and mutual understanding between disputing parties.” CJ Koome said.
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“By engaging in dialogue and negotiation, parties can reach consensual and sustainable agreements that preserve relationships and promote a harmonious work environment.”
In addition to modern ADR methods, the CJ said that the Courts must also recognize and incorporate alternative (traditional) justice systems (AJS) that have long been part of the Judiciary’s cultural heritage.
Alternative Judicial Systems
These are practices which are rooted in community practices and values, and that offer restorative justice approaches that emphasize reconciliation and the restoration of social harmony.
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CJ Koome said that integrating these traditional methods into our formal dispute resolution framework will enhance the inclusivity and accessibility of justice.
The President of the Supreme Court of Kenya explained that involvement of stakeholders is not just beneficial, but it is essential noting that their insights, feedback, and support help the court to identify areas for improvement and to develop innovative solutions to the challenges faced by the courts.
“By working together, we can ensure that the ELRC continues to deliver high-quality, effective, and efficient justice,” CJ Koome added.
On her part, Chief Registrar of the Judiciary Winfridah Mokaya called on stakeholders to use the opportunity to broaden engagement to ensure that as much information as possible is gathered and also to share many perspectives to improve case management.
Meanwhile, the ELRC Principal Judge Byram Ongaya said the Open Day is part of the continuing Judiciary focus on the full realization of the vision of Social Transformation through Access to Justice, adding that it demonstrates the Judiciary’s commitment for a citizen focused judicial service delivery.
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