Court to partner with elders to resolve petty cases outside formal court system - Magistrate Nabwana

The Judiciary will this month roll out a sensitisation drive on how courts are partnering with community elders to resolve disputes outside the formal court system.

Wamunyu Law Courts Senior Principal Magistrate Pascal Nabwana said that the sensitisation, which will take place between October 26 to October 30, 2026, at the Wamunyu Law Courts, will focus on informing the public about the Alternative Justice System (AJS), to roll it out in select Wards within Mwala Sub-county.

"We have it here in Wamunyu. In Machakos, clan elders can intervene. What we are looking at is informing people how the court partners with elders to handle cases outside the court," said Nabwana.

The Magistrate explained that the Judiciary is mapping and engaging clan elders in Mwala Sub-county so that minor disputes are first handled at the community level.

"We are looking to train clan elders on how to handle claims that can be resolved at the grassroots level. Even for land matters, these elders have historical perspectives that could be key to unlocking land cases. If there is a small case in Mwala, we can ask the elders what happened. By the time you come to court,you won't be able to  lie to us about what happened," he said during an interview with Justice Gauge.

He noted that empowering elders to handle petty cases will not only decongest the courts but also help reduce insecurity at the grassroots.

"We want to help our elders to handle these cases which will reduce insecurity," he added.

Nabwana at the same time commended residents of Kitine for uniting against crime, saying their collective action against bhang trade was a model for community-led justice.

"Kitine people did a good job. They united against bhang trade in the area," he said.

The Service Week will bring together judicial officers, clan elders, chiefs and members of the public to demystify AJS and strengthen collaboration between the formal justice system and traditional dispute resolution mechanisms.

Nabwana emphasized that elders do not necessarily have to be elderly individuals; women and youth are also capable of resolving minor disputes with wisdom and recording such agreements for court approval.