The video link to the speech can be found here and an alternate link here: https://youtu.be/l51BguWI1A8?t=1828
below is the speech:
The Honourable Chief Justice of the Republic of Kenya
Your Excellencies, the Governors Present,
H.E Hon. Mohammed Adan Khalif, Governor Mandera County
H.E David Kones, Deputy Governor, Nakuru County
The Honourable Judges
The Honourable Magistrates
Members of the AJS Committees
Distinguished Guest
Ladies and Gentlemen,
Good Morning.
1.0. Let me start by appreciating the organizers of this third Annual AJS Conference for inviting me to speak on behalf of the National Legal Aid Service and also for recognizing our role as the State Agency mandated to regulate the provision of legal aid services in the country. It is a privilege and honour to be part of this conference today for the second time, to share our experiences and gather insights from experts and partners, with the sole aim of enhancing access to justice through Alternative Justice Systems. This year’s conference theme: “Accelerating People-Centred Justice in Kenya: Engaging, Expanding and Retooling AJS” resonates with the objects of the Legal Aid Act, which mandates the National Legal Aid Service to establish a legal and institutional framework to promote access to justice by promoting alternative dispute resolution methods that enhance access to justice in accordance with the Constitution.
2.0. This conference aids in recognizing the need to adapt our approaches to the evolving societal context in application of AJS and in helping us overcome the barriers for access to justice so as to fulfil our mandate as provided for in the Legal Aid Act. One of our objectives under the Act is to establish alternative dispute resolution and justice centres across the country, and to partner with local leaders to ensure that culturally appropriate practices are embraced in resolving disputes. As has been alluded to many times, it is a known fact that our communities over the years found local amicable solutions to issues affecting them. We may hold different viewpoints about their efficacy or efficiency, but we cannot discount them: they exist and have hitherto served our people for generations. At the National Legal Aid Service, we will not reinvent the wheel by contradicting this fact. To reinforce this method, we have been in the forefront promoting Alternative Justice Systems as a peaceful way to resolving disputes in accordance with Article 159(2)(c) of the Constitution. More than 80% of the cases we handle end up being resolved through Alternative Dispute Resolution mechanisms which reflects the milestones we have achieved as a government entity in realization of access to justice for the indigent, marginalized and vulnerable persons within our society. We not only integrate AJS into our services but also extend it to training of community elders, paralegals and mediators. Expanding legal aid to include Alternative Justice Systems often resolve conflicts more quickly, cheaply, effectively and amicably than the formal court processes. They are also more accessible.
3.0. Ladies and Gentlemen, at the National Legal Aid Service, we are seeking to enhance access to justice in line with the government’s agenda on good governance, strengthening the rule of law, promotion and respect of human rights. Achieving this requires that we open our minds and hearts to more inclusive, innovative, and humane solutions through Alternative Justice Systems. The categorization of our clients (as the indigent, marginalized and vulnerable persons) gives you a hint about the members of the society that we serve. In the ordinary sense, these are people who would be disadvantaged in accessing the formal justice systems and would require other means to help them resolve their disputes. Imagine a boda-boda rider and a mama mboga disagreeing over child maintenance. These are ordinarily disadvantaged persons who would not afford the legal process to preserve the interest of the child. Yet these are some of the real cases that we deal with daily at the National Legal Aid Service through the application of Alternative Justice Systems.
4.0. I’ll tell you a story of one such dispute and how the effective application of AJS helped resolve it. A few months ago, a lady sought our services over her child who had lost his speech and could not talk due to what she was told and believed was a “curse” from the child’s grandfather. According to the lady, her father-in-law did not approve their marriage and according to their culture, this amounted to a “curse” which affected the child’s speech. We advised her to go and bring some wazee (old men) from the village who we had a session with and agreed that they would approach the child’s grandfather to explore their traditional methods of unlocking the “curse” and mediating the conflict. We followed up the case after some days, and the report we got from one of the relatives was that the grandfather had softened his stand after mediation with his peers, reconciled with the daughter-in-law and unlocked the “curse”, and that the child had started regaining his speech. This is a true story, not fiction, which epitomizes the power of AJS in resolving disputes.
5.0. This conference is very important for us at the National Legal Aid Service because it reinforces our vision to protect and promote the right to access to justice especially for our key target groups who would otherwise encounter several challenges like court filing fees, understanding the legal procedures, and even accessing the courts. Additionally, this conference is crucial for us as it provides a platform to share our experiences and learn from best practices from other partners. The conversations and insights gained from this conference are invaluable for enhancing our Alternative Justice Systems framework and expanding our scope of facilitating access to justice for the hundreds of underprivileged members of our society who seek our services every day. We are grateful that with the support of the European Union, we have mounted an information booth with IEC materials that you can take along to your respective Counties.
6.0. We know that when we speak about justice engaging our communities is paramount. Justice should not be an abstract concept confined to courtrooms or towns or County Headquarters; it must be a living, breathing part of everyday life and present in the different locations of the country. We must empower local communities to participate actively in the justice process. This involves training community leaders, elders, youth women and girls in Alternative Justice Systems thereby integrating all other forms of dispute resolution practices with the formal legal frameworks. As such justice will be readily be accepted by the people it serves. I am grateful to the EU from whom we have benefitted from funding that has taken us to 12 Focal Counties to establish offices and to train stakeholders and the communities on access to justice.
7.0. It is to this reason that in our Strategic Plan for the years 2023 to 2027, we envision increased access to justice and quality of legal services available to the public as well as reducing barriers to legal service provision and access to justice. We are fully aware that this will remain only a mirage if we do not embrace alternative forms of justice. We believe that justice should be accessible, efficient, and culturally resonant; and Alternative Justice Systems embody these values.
8.0. Considering that the core mandate of NLAS is to support the most vulnerable, our interventions are meant to contribute to social justice and a people-centred approach in setting up enhanced justice delivery. NLAS has to breath life to the government’s responsibility to serve the citizens and provide justice services, as part of the overall public services, which have to be designed to meet their expectations and needs. Our vision is to see a justice system where every citizen can resolve disputes efficiently and fairly through application of AJS.
9.0. Lastly, retooling our AJS framework is essential to meeting the evolving needs of our society. This involves integrating modern technology to streamline processes and increase efficiency. Digital platforms can facilitate virtual sessions, making it easier for disputing parties to resolve conflicts without the need for physical presence. Additionally, we should continuously review and update our policies to reflect best practices and lessons learned from other jurisdictions. This mission requires a collaborative effort. We need the support and cooperation of government agencies, civil society organizations, international partners, and the private sector. By working together, we can create a robust AJS framework and ensure that all Kenyans can access justice.
In conclusion, accelerating people-centred justice in Kenya through engaging, expanding, and retooling AJS is not just an ideal; it is a necessity. Let us commit to this vision and work tirelessly to make it a reality. Together, we can build a justice system that is truly for the people, by the people. This endeavour will also require financial investments consistent with the needs.
Thank you so much ladies and gentlemen for this wonderful conference as we seek to accelerate this journey of entrenching AJS within the tradition and logic of Social Transformation Through Access to Justice (STAJ) of expanding organic, people-centred approaches to access to justice and celebrate Honourable Chief Justice Martha Koome’s pioneering role in this area.
