DOI: 10.14457/nida.the.2017.8
title: Access to justice in Kenya

description: The purpose of this study was to analyze the contextual factors limitingmarginalized persons to access justice in Kenya, with a view to recommend policystrategies which can be used to improve the implementation of the Bill of Rights,particularly the right to administrative action. The following questions are answeredin this study: 1) What is the socio-cultural, economic, and political context ofimplementation? 2) How was the implementation process conducted? 3) What are thecontextual factors limiting marginalized persons to access justice? 4) What policystrategies can better improve the implementation of the Bill of rights?||This was a qualitative study. Documentary research, Key Informant Interviewsand observation methods of data collection were used. Participants in the study wereindividuals with firsthand experience of the implementation process. Their livedexperiences while participating in the process of seeking justice served as the lensthrough which the reforms to provide access to justice were examined.||sults of the study show that implementation success was realized in thefollowing areas: 1) Taking the courts closer to the people
description: 2) Realizing equality injustice delivery
description: 3) Creating a quicker way to solve disputes
description: and 4) Making it easy tofile a case in court. However, implementation failed in other areas which exposedfactors hindering indigenous women to access justice for instance: inadequate staff
description: delay in legislative process
description: inadequate resources
description: lack of information and knowledgeof rights
description: lack of judicial support mechanisms
description: difficulties in accessing the courts
description: unresolved entrenched inequalities
description: discrimination
description: prejudice
description: conflicting cultures inimplementation process
description: inability to enforce court rulings
description: lack of legal aid
description: impunity
description: ||and failure to provide basic amenities suggests that access to justice is still a goal toofar to reach.||Based on this study, I recommend the following: 1) Gains that have been madeso far as a result of implementing the constitutional reforms should be maintained toavoid fall back for instance, protecting the doctrine of separation of powers inprinciple and practice, the financial and administrative autonomy of the Judiciary,transitioning from a centralized government to a devolved government system, andstrengthening the county governments and the senate. 2) Government should continueto devolve police services and the services of the office of the Director of PublicProsecution to marginalized areas to strengthen the justice system 3) Both nationaland county governments should invest more in physical infrastructure that isnecessary to make services of the justice system easier to run and access. 4) TheJudiciary should expand its programs for instance free legal aid programs
description: educationand awareness programs
description: judiciary public engagement programs
description: and the devolutionof justice services to more effective local tribunals.||Furthermore, the following need based policy recommendations can helpaddress the problem: 1) The judiciary should work with communities to create a moreinclusive community oriented paralegal programs that can help provide supportservices to the justice system. 2) The Judiciary and non-governmental organizationshould invest more in educating Kenyans so that they can adopt rights based civicculture 3) More resources should be invested in de-ethnicizing nationhood so thatexternalities created because of ethnic politics and ethnic based exclusion in publicpolice and public service can be minimized. 4) Creation of alternative to mainstreamjustice systems to supplement the mainstream justice system. 5) Political reformsaimed at value change and building nationhood. 6) Creation of collaborativeframework that will enable government agencies, civil society and international actorsto work together on reforms especially in areas that are often left behind for instancegender and justice, minority issues and ethnic politics. 7) Civil society groups shouldwork with donors to analyze, propose and support reforms in the justice systemespecially areas where marginalized groups are unable to access justice.