Community-Based Justice Research (CBJR) – Kenya
COST AND BENEFITS ANALYSIS OF ACCESS TO JUSTICE INITIATIVES IN KENYA
KATIBA INSTITUTE
Nairobi, Kenya
Website: www.katibainstitute.org
Email: info@katibainstitute.org
LEAD RESEARCH TEAM
Katiba Institute: Prof. Jill Cottrell Ghai, Ben Nyabira, Patriciah Joseph, Hilda Njoki
University of Nairobi, Institute for Development Studies: Prof. Karuti Kanyinga, Dr. Paul Kamau, Dr. Duncan Elly Ochieng, Charles Opiyo, Naomi Wanga,
University of Nairobi, School of Law: Dr. Sarah Kinyanjui, Dr. Nkatha Kabira,
BACKGROUND
Several studies have shown that the vast majority of Kenyans are “unreached” (or unserved) by the official or formal justice systems. The extent of the “unreached” is a consequence of a number of factors, including the expense of privately funded legal services, poverty—in a country in which about half the population lives below the poverty line— illiteracy, the uneven distribution of lawyers, the geographical distances to be covered, especially in the arid and semi-arid, less densely populated, areas, cultural gaps between people’s understanding of what law and justice involve and the institutions and procedure of the common law, the continued existence of traditional dispute resolution institutions in many communities, and some degree of distrust of the law, and lawyers. In response to the to the gap in access to justice, there is a considerable number of initiatives, both formal/ official and informal/ unofficial, (or quasi-official such as public university legal aid clinics) that seek to bridge it through the provision of access to legal services through means other than the private lawyer–court route. Some of these ‘access to justice’ initiatives have been effective in reaching sections of Kenyans who are not able to access the formal justice system. However, despite the effectiveness of such initiatives in enhancing access to justice, many of them have not been given sufficient attention by the government.
PROJECT OVERVIEW
This study seeks to establish an understanding of the full range of access to justice initiatives in Kenya, both formal and informal, and carry out an in-depth analysis of a number of specific initiatives that seek to bridge the gap between marginalised or vulnerable groups in the society with a view to recommending initiatives with the potential for scaling up. The in-depth analysis will be about the costs and benefits of various initiatives to the individual/communities benefiting, to the organisations offering services, and to the broader society and government, including strictly financial, those measurable in money terms, and the less quantifiable.
The study has four specific objectives: (1) to understand the obstacles to access to justice; (2) to identify specific access to justice initiatives that are relevant to the marginalized and vulnerable groups; (3) analysis of costs and benefits of the specific identified access to justice initiatives and an in-depth analysis of their potential for sustainability and scaling-up; and (4) making a contribution to policy on access to justice in Kenya.