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Protect, Respect, Transform

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The use of AJS has been provided for in amongst other Article 159 2(c) as a complementary option to prevention and resolution of disputes in the justice space. It brings together state and non-state actors to prevent and resolve disputes. In a democratic, multi-cultural and multi- religious polity like Kenya, it brings together actors interested in protecting, sustaining and extending democratic life and the freedoms and privileges that flow from it. Kenya has developed and launched a national Baseline and Framework strategy for Promoting AJS. This strategy, launched by Hon. the chief Justice on 27 August 2020, belongs to the whole country. It recognizes that opportunities provided by the Constitution that requires that the strategy be ‘owned’ by citizens, local authorities and all sectors of society if it is to be successful. While Kenya as a whole is facing the challenges, they have subtle, and at times substantial, differences in how they play out in different localities, communities and political circumstances. It is therefore important that the diagnoses of the challenges of access to justice and disputes be true to local dynamics even as they dovetail with the larger framework of the Baseline and Framework AJS policy. Given the spirit of devolution in Kenya, and the changes it has made in service delivery at the national and county government level, as well as the present socio-political dynamics, a county- level plan is likely to capture the nuances of how to practically prevent and resolve disputes. To ensure consistency with national values and the brooder idea that the national strategy has themes as “Justice as Freedom”, the AJS CAPs will reflect the process used to develop the Baseline and Framework AJS policy, with the exception that its focus will be on setting priorities and then producing an action plan that defines AJS actions of actors in a coordinated, practical and non-duplicative intervention in implementing any of the three typologies of Autonomous, Third Party and Court Annexed AJS peculiar to each and every county.