BY NLM Writer
Early this year, the Hague Institute for Innovation Law (together with the Kenya Judiciary and the World Bank) unveiled the 2018 Kenya Justice Needs Survey. This survey of 6005 Kenyans in 28 counties paints a picture of not only what legal problems Kenyans across the country face, but also of how they seek access to justice.
An estimated 17.9 million Kenyans (63% of adult Kenyans) have experienced legal problems in the past 4 years, with crime, land issues, family disputes and employment being the most frequently occurring legal issues cited. 23% of women reported family disputes to be a pressing legal problem, as opposed to 9% of men. While land issues predominantly affect rural and poor communities, the Kenyan youth face disproportionately higher crime victimisation rates.
With a growing middle-class and urban population, a range of different legal issues faced by such demographics is expected to arise. While 81% of us take active steps to resolve our legal problems, as much as we don’t all face the same legal issues, we also don’t respond to our justice-related problems in the same ways.
Seeking redress in barazas and from chiefs is particularly popular among rural and lower income communities, while the wealthier and urban demographics prefer the courts and the police. More than half of Kenyans (54%) surveyed did not receive an outcome while actively seeking access to justice.
Recommendations of how to improve access to justice for the common man included strengthening the links between formal and informal justice systems, ensuring accountability and focus through maintaining consistent data collection and promoting innovation in building and sustaining justice delivery.
With 54% of respondents noting that legal problems have led to extreme stress or mental health issues and 28% reporting loss of income due to legal problems, improving access to justice presents a pressing opportunity for change, especially when only 8% reported seeking legal information from a lawyer, pointing to how inaccessible and unaffordable legal services are for most Kenyans.
Innovation has been pursued by many a Kenyan in improving access to justice for all. The Hague Institute for Innovation of Law also funds and provides business development support to justice innovations every year. Among the innovations it has worked with include Mulika Hongo, an SMS-based platform in over 12 counties across the country that, together with the Ministry of Interior and local authorities, allows Kenyans to report instances of corruption and crime. Reports, submitted by SMS go directly to the relevant authorities and are tracked by the Mulika Hongo team to ensure that justice is delivered.
MSheria, another beneficiary of HiiL’s grants, works with over 5000 matatu drivers in Nairobi to provide them with legal help and cash bail when arrested.
This ensures that matatu drivers have a safe and secure means of accessing legal help and are therefore less likely to pay bribes in cases of unfair arrest. Sauti provides legal information and a corruption reporting mechanism to traders working across the Kenya –Uganda border (particularly in Busia and Malaba), enabling them to trade without harassment. Legal innovation will pave the way for most Kenyans to get access to justice. Moreover, it provides for an inclusive process wherein any Kenyan can take a pioneering role.
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