From Access to Justice to Expeditious Access to Justice

Abstract

This study, utilising case studies in Nairobi, Kakamega, and Makueni counties, examines the link between access to justice and the timely resolution of disputes before courts and tribunals. Noting that, in the Kenyan context, election petitions are expeditiously resolved because they are time-bound, the study queries whether other civil and criminal matters take longer time to resolve because there are no time limits imposed by law. Through doctrinal and case study methodologies, this study examines the concept of access to justice with a focus on timely resolution of disputes. The study is divided into six chapters. Chapter One defines the problem statement, objectives, hypotheses and justification of the study; the literature review, theoretical and conceptual framework and outlines the research questions addressed in the study. Chapter Two outlines the historical development of the concept of access to justice in the Kenyan context. Chapter Three describes the legal, policy and institutional framework of access to justice in Kenya illustrating the lack of emphasis on the principle of expeditious determination within the concept of access to justice in Kenya. Chapter Four analyses the manner in which the principle of expeditious determination has been operationalized in the Kenyan context. It also utilises selected comparative studies to investigate how the principle has been successfully developed in other jurisdictions. Chapter Five contains the findings and analysis from the case studies of Nairobi, Kakamega and Makueni counties. Chapter Six summarises the findings, recommendations and conclusions of the study. The key finding is that realising the principle of expeditious determination within the concept of access to justice in Kenya requires a multi-faceted approach that includes the definition of strict timelines through law and regulation, as well as the enhancement of performance management and measurement through leadership and innovation.