STAJ BlueprintBrief Nº 02 / 104 min read

Courts Are Now One of Five Doors. The Judiciary Just Told You to Learn the Other Four.

The multi-door justice approach fundamentally changes case strategy and client advisory.

By CounselConnect24 September 2025

Filed under · Simple Guide to the STAJ Blueprint 2023–2033 (pp. 8-12)

5
formal dispute resolution pathways recognised under STAJ

Key Data

STAJ establishes five formal dispute resolution pathways: formal courts, court-annexed mediation, online dispute resolution (ODR), community justice systems (including elders and religious leaders), and traditional dispute resolution mechanisms recognised under Article 159(2)(c) of the Constitution. Every pathway is positioned as equally legitimate.

What Is Happening

The Judiciary is deliberately decentralising justice away from courtrooms. This is not a marginal policy adjustment. It is a structural redesign. Court-annexed mediation is already operational in several jurisdictions. ODR platforms are in development. Community justice systems are being formalised. The direction is clear: the default response to a legal dispute will no longer be "file a case."

Why It Is Happening

The shift is driven by capacity constraints (courts cannot absorb the volume of disputes that would arise if the 49% justice gap closes), cost reduction (mediation and ODR are cheaper for both the state and the citizen), and a philosophical commitment to people-centred justice, which holds that the best resolution mechanism is the one that works for the people involved, not the one that is most familiar to lawyers.

Practice Impact and Revenue

For litigation advocates, fee structures built around court appearances, adjournments, and protracted proceedings are under threat. If courts actively divert matters to mediation at the filing stage, the litigation revenue model changes.

For commercial lawyers, dispute resolution clauses in contracts must now contemplate all five doors, not just arbitration and court. A clause that says "disputes shall be referred to the High Court" is increasingly outdated.

For conveyancing lawyers, land disputes are the largest category of justice demand. Many of these will be redirected to community justice systems and mediation. Advocates who can operate across all five doors will retain those clients. Those who can only litigate will lose them.

Mediation accreditation, ODR platform expertise, and community justice advisory skills are becoming revenue-generating capabilities. Advocates accredited as mediators can earn fees from court-annexed referrals. Advocates who understand ODR platforms can advise corporate clients on digital dispute resolution strategies.

Strategic Insight — What Most Advocates Will Miss

The multi-door approach is not a threat to advocates. It is a business model expansion. The advocate who can only litigate has one revenue stream. The advocate who can litigate, mediate, advise on ODR, and navigate community justice systems has five. STAJ is not shrinking the legal market. It is diversifying it. The advocates who diversify with it will be the ones who thrive.

Action Checklist

  1. Get mediation accreditation if you do not already have it.
  2. Research the Judiciary's ODR pilot programmes.
  3. Review your standard dispute resolution clauses and update them to reference all five STAJ pathways.
  4. Attend one community justice system proceeding in the next quarter to understand how they operate.
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Continue the series
  1. 03Court-Annexed Mediation Is Already Operational. Most Advocates Are Not Ready.4 min →
  2. 04Online Dispute Resolution Is Coming to Kenya. Your Competitors Are Already Preparing.4 min →
  3. 05Land Disputes Are Kenya's Largest Justice Problem. STAJ Is Redesigning How They Get Resolved.4 min →