Kenyan CJ Delivers Keynote Address at Family Justice Summit, Urges ADR Adoption for Enhanced Family Justice
Lady Justice Martha Koome, the Kenyan Chief Justice
Earlier, the Kenyan Chief Justice, Lady Justice Martha Koome, delivered a keynote address at the Family Justice Summit, which is being held at the Supreme Court Conference Hall, Judiciary Headquarters in Kampala. The event began today, August 12th,2024 and will conclude tomorrow, August 13th, 2024.
In her address, Lady Justice Koome congratulated the Judiciary for organizing the summit, highlighting the importance of such events in enhancing family justice systems.
Drawing from her experience in the Kenyan Family Division, she noted that individuals seeking justice in family courts are often at their most vulnerable, making effective dispute resolution crucial.
Her Lordship emphasized the significant benefits of Alternative Dispute Resolution (ADR)) in family justice, particularly its flexibility and effectiveness in addressing disputes. She called on participants to embrace ADR as a crucial tool for resolving family conflicts.
Lady Justice Koome noted that, much like Uganda, Kenya is grappling with a backlog of cases. She emphasized that prolonged legal battles can leave families in a state of anxiety and uncertainty. She added that ADR is crucial for fostering peaceful coexistence within societies.
Her Lordship also stressed the need to strengthen the various actors involved in ADR through proper training, ensuring they are equipped with the necessary knowledge to facilitate effective dispute resolution. She noted that the success of ADR relies heavily on the support of the Judiciary and the commitment of Judicial Officers.
Additionally, she advised that the Judiciary collaborate closely with lawyers throughout the ADR process, encouraging legal practitioners to adopt ADR as a means of helping their clients access justice more efficiently. She acknowledged that in Kenya, ADR initiatives have been predominantly funded by external partners who have supported these efforts over the years.
Earlier at the summit, Justice John Eudes Keitirima (Head Family Division), remarked on the sentimental nature of cases within the Family Division.
He noted that dissatisfied parties often appeal, leading to family-related disputes taking up to five years or more to resolve when the appellate process is fully exhausted. This, he argued, makes it imperative to rethink current dispute resolution mechanisms, particularly in the context of family-related issues.
Justice Keitirima emphasized the importance of maintaining family cohesion even amid disputes, noting that mediation offers a way to preserve harmony within families.
Judge Celia Nagawa (Focal Judge Children's Justice) noted that ideally, family problems should be resolved outside of court, with courts stepping in only when necessary or when parents are unable to make decisions in the best interest of their children.
She highlighted the traumatic impact of divorce on children, noting that ADR methods like mediation can help reduce conflict, minimize emotional stress, give children a voice, and promote their long-term well-being.
Her Lordship concluded by underscoring the significance of ADR in family courts, stating that it promotes a more harmonious and efficient resolution of disputes. ADR, she noted, provides a less adversarial and more cooperative environment, allowing parties to communicate openly in a safe space and work toward mutually agreeable solutions.
Presentations made during the summit covered various topics including estate planning in Uganda, adopting ADR as a best practice, the impact of technology and pandemics on estate planning and ADR, mediating family disputes, managing psychological and emotional challenges during mediation of family disputes, and jurisprudential trends in Ugandan succession law.
Posted 12th, August 2024
