Access to Justice in Kenya- a Critical Appraisal of the Role of the Judiciary in Advancement of Legal Aid Programs

Abstract

The purpose of this study is to bring to light that access to justice is a fundamental right which no person should be denied as per the Constitution on Kenya 2010. However access to justice cannot be realized if the people do not know if they have any rights that can be violated. This study has been conducted in Kenya and has been chosen purposefully due to the fact that huge number of Kenyans go ahead with life having their fundamental rights and freedoms violated and due to their ignorance to the law have no avenue to seek justice and the few that know of some rights cannot afford legal representation or legal advice to any level. This study seeks to emphasize on the role the judiciary is playing in the cure of this misfortune through legal aid and awareness. The study looks at the current existing policy, legal, regulatory and institutional framework in adequately advancing judiciary backed legal aid and awareness programmes and what measure if any can be taken in enhancing the promotion of the same to the desired level. This study employed field and desk research which was quite appropriate for this study since it sought to analyze factors associated with certain occurrences and outcomes.