In 2017, the Hague Institute for Innovation of Law (HiiL) conducted a comprehensive survey to understand the justice needs and satisfaction levels of the Kenyan populace. Partnering with the Kenyan judiciary, this study offers a revealing glimpse into the legal challenges faced by Kenyans and their journeys to seek justice. Here are the key findings:
Pervasive Legal Problems
The report reveals a staggering prevalence of legal issues among Kenyans. About 63% of the population reported experiencing at least one legal problem over the past four years. This equates to nearly 18 million legal issues faced by citizens, with crime, land disputes, family-related conflicts, employment issues, and financial disagreements being the most common .
Diverse and Complex Justice Journeys
Kenyans employ a mix of formal and informal mechanisms to address their legal problems. While family and friends are frequently consulted for advice, formal institutions like the police and local chiefs are also pivotal in the resolution process. Interestingly, despite a high rate of seeking legal information, only about half of these issues reach a resolution, leaving millions without satisfactory outcomes .
Socio-Economic Disparities in Access to Justice
The study highlights significant disparities in how different socio-economic groups access and experience justice. Higher-income individuals are more likely to involve lawyers and courts, whereas lower-income citizens often rely on informal mechanisms such as local chiefs. This disparity underscores the financial and procedural barriers that hinder equitable access to justice .
The Emotional Toll of Legal Problems
Legal problems are not just procedural hurdles but also sources of significant stress and emotional distress. Over 80% of respondents indicated that their legal issues had a profound impact on their lives, affecting their relationships and mental health. The stress associated with unresolved legal problems and the procedural delays in the formal justice system further exacerbate this issue
The Need for Justice Innovation
The report calls for a holistic and innovative approach to justice delivery in Kenya. Key recommendations include:
- Comprehensive Justice Journeys: Organizing justice delivery around the specific needs of Kenyans.
- Integration of Formal and Informal Mechanisms: Creating seamless links between different dispute resolution methods.
- Focus on Vulnerable Populations: Ensuring that justice is accessible and affordable for all, especially the most vulnerable.
- Consistent Data Collection: Implementing thorough data collection to ensure accountability and user-focused justice.
- Promotion of Justice Innovation: Encouraging the development and sustainability of justice innovations and technology to support justice delivery .
Voices from the Justice Sector
Interviews with justice leaders and providers reveal both optimism and concern. While there have been strides in transparency and accountability within the judiciary, challenges such as case backlogs, high litigation costs, and insufficient legal representation remain significant hurdles. Leaders emphasize the need for more resources and better systems to handle the increasing demand for justice services .
