The perennial statement, justice delayed is justice denied, could not be truer than in the many family succession disputes.
In those families, there are bitter fights between siblings for the wealth left behind by their parents.
Quite disappointing, though, is that recourse to the justice system for a solution has not brought the desired respite to the families engaged in those protracted property wrangles.
Some succession disputes have been pending in the courts for several decades, denying the bereaved families access to funds that could, if accessed in time, have made their lives more bearable.
These cases have tied up billions of shillings that could have been invested to improve the affected families’ welfare and boost the national economy.
The funds, land and properties, including commercial buildings that could have been used as collateral for loans for investment, remain under lock and key in the courts as the cases stall.
Some families cannot develop their land and buildings worth hundreds of millions of shillings.
Alternative Justice System
As those affected continue to suffer, the irony is that there is a possible ready, tested and tried approach that can yield quicker solutions to the disputes.
This is the Alternative Justice System (AJS), which, though recognised, as a way out, is not being sufficiently used.
The AJS has also been touted as an effective means to help clear the backlog of cases that have become the bane of the justice system, but many people still prefer the formal court route.
As Judge Joel Mwaura Ngugi of the High Court in Nakuru has rightly put it, the billions of shillings being held in the banks due to the protracted succession battles can be unlocked through the AJS.
It’s a possible remedy for the families that badly need the resources left behind by their patriarchs and matriarchs.
In Nakuru, for example, a dispute filed in court in 2009 has never reached the hearing stage. Some 10 siblings are fighting over property worth millions of shillings.
Taking succession disputes to courts just ends up escalating animosity and divisions in families. Embracing the AJS will save money, time and energy and bring about reconciliation in families.
