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Call for submissions on landmark Alternative Justice System policy 

Nairobi, Kenya - 8 February 2019 : The taskforce mandated to develop an Alternative Justice System (AJS) policy in support of Kenya's Constitution is calling for contributions from the public and other stakeholders.

The Taskforce on Traditional, Informal and Other Mechanisms Used to Access Justice in Kenya (Alternative Justice System) is consulting widely as it develops a policy on AJS with a view to enhancing access to, and expeditious delivery of, justice for all citizens.

The landmark policy's development is funded by the European Union, through its Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD), with technical assistance from the United Nations Office on Drugs and Crime (UNODC).

The Constitution of Kenya provides for alternative forms of dispute resolution mechanisms, including traditional approaches, so long as they do not contravene the Bill of Rights, are not repugnant to justice or morality or inconsistent with the Constitution or any written law.

While alternative justice processes have helped reduce the burden on courts in marginalized areas, these mechanisms are meant to strengthen the links between formal and informal justice systems rather than replace reliance on courts.

The taskforce, Chaired by Justice Prof Joel Ngugi, draws members from government and non-governmental organisations.

The taskforce seeks contributions from the public, academics, practitioners and other experts in numerous areas including what role, if any, the Judiciary and the State should play in recognising and regulating AJS mechanisms, and the relationship between such mechanisms and courts and tribunals as established by the Constitution.

Among other aspects, the taskforce is also seeks input on the manner in which the rights of vulnerable and marginalised groups are, or can be, promoted and protected in AJS processes, and on the enforcement of outcomes of these processes.

Anyone wanting to have their say on the development of Kenya's first AJS policy, including concrete ways of mainstreaming traditional, informal justice systems, has until 5:00 pm on Friday 16 February 2019 to respond.

Submissions may be sent to the taskforce via email to ajstaskforcekenya@judiciary.court.ke and ajstaskforce@gmail.com or via post addressed to: The Chair, AJS Taskforce, Nakuru Law Courts, P.O. Box 61 - 20100, Nakuru.

See also the published Public Notice.

UNODC is honoured to support the taskforce through the PLEAD partnership.

About PLEAD:

PLEAD is a partnership between the European Union, Government of Kenya and United Nations aimed at improving the efficiency of Kenya's criminal justice system and increasing the use of alternatives to imprisonment. Launched in March 2018, the five-year, EUR 34.15 million (KES 4.3 billion) programme is the European Union's largest in the justice sector in Sub-Saharan Africa.