The use of technology to conduct court proceedings has greatly disadvantaged the poor and rural communities, a human rights group has said.
The Kenyan Section of the International Commission of Jurists in a communiqué on Thursday said the shift in court processes and case hearing to technology-based platforms have alienated those who do not have the gadgets to access the platforms. Others do not know how to navigate the technology interfaces.
In a summary of an online-based seminar platform - Webinar - held on Tuesday, the ICJ said it was concerned that engagements were centered around interventions to help lawyers access courts and shore up their legal practices but paid little or no attention to helping the mwananchi access justice.
High Court judge David Majanja also participated in the Webinar.
The lobby said ordinary Kenyans have been forgotten and no significant efforts had been invested in helping them easily access justice at a reasonable and affordable cost.
“We are concerned by the limited access to technology by Wanjiku to engage with online justice platforms, despite the increase in the number of cases affecting the poor and vulnerable populations such as women, children and persons in detention and confinement facilities,” it said in the communiqué.
The ICJ wants the Judiciary to consider working with entities such as Huduma Centres and social justice centres, which have a presence in the grassroots to enable ordinary Kenyans to access internet facilities and assistance to file and participate in court hearings.
Further, the Judiciary should “prioritise access to justice for the poor and vulnerable including victims of sexual and gender-based violence, children and persons in detention facilities during this pandemic”.
The lobby also wants the legal practitioners to “embrace technology and support the Judiciary in the digitisation process to ensure that cases continue to be filed and heard,’ a call that appears to be a subtle scolding of LSK figureheads, including president Nelson Havi, who have been demanding physical resumption of courts.
Edited by A.N
