MERU,Kenya – A couple in the Ntakira sub-location, Imenti North Constituency, Meru County, on the brink of separation, found solace in the Meru Paralegal Network’s office. What could have become a long, tedious and expensive court battle transformed into a story of reconciliation, demonstrating the power of dialogue in promoting access to justice through AJS. This story reveals the effectiveness of informal dispute resolution mechanisms as the blueprint for facilitating access to justice in Kenya.
The Constitution of Kenya 2010 obligates the state to ensure access to justice for all, and if any fee is required, it shall be reasonable and not impede justice. Moreover, Article 159 (2) (c) recognizes and promotes alternative forms of dispute resolution with a caveat that it shall not be inconsistent with the Constitution. Legislations and policies further give these constitutional safeguards effect.
For instance, the Legal Aid Act 2016, whose objective is, among others, is to provide legal aid services and promote alternative dispute resolution methods that enhance access to justice in accordance with the Constitution. This story, therefore, reveals that linking legal aid services with AJS provides a cost-effective alternative to lengthy court processes, particularly for the poor and marginalized who cannot afford legal representation.
In this case, the voluntary nature of the AJS process facilitated an open dialogue, allowing the couple to address the root causes of their marital discord. Through guided discussions by the Meru paralegals, they better understood each other’s needs and perspectives. This focus on its participatory nature, a pillar of AJS, proved effective; moreover, the couple, with newfound clarity, reached a consensus.
The success of Meru Paralegal Network, in this case, reflects the importance of capacity-building programs for AJS amongst paralegals. ICJ Kenya, through its research on the cost-benefit analysis of legal aid, established that paralegals are critical in promoting access to justice in the communities. It is, therefore important to acknowledge the role of ICJ Kenya in empowering the Meru paralegals to deliver such impactful services.
Through ICJ Kenya’s capacity-building initiatives on AJS, the Meru paralegal network has been equipped with the skills and resources necessary to assist the community resolve disputes through AJS effectively. This story validly justifies that paralegals can be agents of change in their communities in promoting access to justice. ICJ Kenya, therefore, is profoundly grateful to be an enabler of change through its AJS paralegal awareness creation initiatives.
The Ntakira couple’s story sheds light on countless communities facing similar challenges, revealing that AJS is a powerful tool for reconciliation. Moreover, it is a catalyst for access to justice through its restorative principles. With the increasing demand for legal aid services and AJS mechanisms, organizations like ICJ Kenya are committed to empowering more paralegals with legal knowledge to realize change in their communities.
The author,Dennis Ondieki is a M&E consultant at ICJ Kenya.
