Enhancing Access to Justice for the poor and Marginalized in Tana River County

Background

KECOSCE is implementing the PLEAD program funded by UNDP Amkeni Wakenya in Tana River. The project is a three year program 2019-2021 that seeks to contribute to Enhanced access to justice for the poor and marginalized. The project focuses on key activities and results to be achieved in the first year of implementation starting from October 2019. The project aims at directly benefiting 1500 people and their local groups/associations including youth, women, community members, elders and four public institutions namely the County Government, National Government, Judiciary and local Police. The project is ultimately contributes to improved respect, enjoyment and promotion of access to justice, human rights and freedoms for Kenyans within the PLEAD Program.

Specific Objectives

1. To increase the awareness of communities on their rights, freedoms and legal procedures on access to justice entailed within the Kenyan constitution, and the Legal aid Act 2016 in Tana River County.
2. To strengthen the capacity of indigenous and local peace structures to enhance Access to justice including alternative dispute resolution mechanisms for the marginalized and vulnerable communities in Tana River.

Towards achieving the above mentioned the following inception activities have been undertaken

• Held a Project inception meeting with key stakeholders, Including National Government Administration officers, The County government County Administration, Local Council of elders, Peace committees, Representatives of the Court users committees
• 9 Community Paralegals have been trained Training workshops for 6 paralegals
• Capacity Building training for local Council of Elders on Alternative Dispute Resolution
• 6 Step Down trainings and community sensitization forums on access to justice have been held by the paralegals
• Public awareness raising sessions on local FM stations and social media on the Legal Aid Act 2016.

Opportunities for Collaboration and Partnership; Moving forward the project seeks partnership with the Garsen Law Courts towards:

• Facilitating Linkage between Law Society of Kenya lawyers working within the jurisdiction of the Garsen Law Courts ; especially in the Provision of legal Aid through community legal aid clinics
• Provision of mentorship support on alternative dispute resolution to local Council of elders: The project shall support meetings of Key Council of elders to facilitate them utilize skills and safeguard the rights of children and women in traditional ADR mechanism
• Training of the Court Users Committees: The project shall provide support to train Court Users committees to enable them to expand avenues towards access to justice for the poor and marginalized through ADR. The Courts to help in identification of existing gaps and co create a rapid practical training module for the committee
• Support monthly court users committee review meeting for select members of the progress of ADR in Tana Delta
• Establishment of a Local County Justice and rights centre Garsen, in documenting local justice and rights issues and facilitating indigent persons to access justice
• Hold dialogue forums of 10 lawyers in Malindi, and the Garsen Magistrate for institutionalization of Court annexed mediation and other forms of Alternative Dispute Resolution in Tana Delta

KECOSCE is desirous to work with the Court to develop local behaviour change markers to enable partners to better capture and report on changes achieved that can be attributed to the projects’ efforts