Santana Simiyu
Access to justice at the grassroots level has been made a reality through the intervention of paralegal networks coordinated by ICJ Kenya. Paralegals in Kwale, Kitui, Meru, Laikipia and Meru counties have been instrumental in providing legal aid to their communities. ICJ Kenya has empowered the paralegals on human rights-based approaches to addressing violations prevalent in their regions, and organized joint legal aid with paralegals in their communities.
During a site visit to Meru County, ICJ Kenya partnered with the Meru Paralegal Community Based Organization and provided legal aid at Gakoromone market. It was apparent from the legal aid that many citizens are in dire need of legal advice and representation.
Land related disputes have recorded the highest number of complaints to the paralegal networks by citizens. The land disputes are attributed to the increase in economic value of land, displacement of communities due to increased infrastructural development by the government, lack of knowledge on the Law of Succession and lack of knowledge on the legal requirements for land transfer.
The paralegals have reported remarkable successes in their interventions. An example is a land dispute between two brothers that was reported to the Meru Paralegal Network Office. John Murume and Michael Mwendwa (not their real names) owned a piece of land jointly. Michael sold the piece of land to a third party without the consent of his brother. The aggrieved brother reported the case to the paralegal network and the coordinator, Mrs. Judith Wangari, summoned the brothers and the buyer of the land to her office. She informed them about the value of out of court settlement and the steps involved. The parties agreed to settle the matter amicably. The purchaser agreed to compensate the aggrieved brother with an alternative parcel of land equivalent to the plot that he initially owned.
In Taita Taveta, Jeremiah Cherezunga, the coordinator of the Taita Taveta paralegal network, assisted two step brothers to represent themselves in court in a land matter. The case involved three step brothers named Peter Shake, Austine Mghanga and Java Mwaeghwa.
Peter Shake was claiming that his step brothers had registered land that belonged to them jointly in their names without including his name or involving him in the process. Mr.Jeremiah summoned all the parties to his office in order to try and reach an amicable solution but they did not reach a solution.The efforts to settle the matter out of court were not successful.
Peter sought the services of a lawyer to file a suit and the paralegals assisted his step brothers to file a defence because they couldn’t afford a lawyer. The suit has since been determined in favor of Austine Mghanga and Java Mwaeghwa.
Paralegals have enabled ICJ Kenya to help communities access justice, especially in areas where we don’t have physical presence. ICJ Kenya plans to conduct more community awareness programs and legal aid activities with paralegals in their communities to assist the poor and marginalised to access justice.
