Many Kenyans sought alternative dispute resolution mechanisms when courts were not in operation due to Covid-19.
This is according to a report by the Kenya National Commission on Human Rights titled 'Changing Times: Covid-19 and Access to Justice in Kenya'.
The report, which resulted from a survey, says at the height of the pandemic, there was a marked increase in alternative justice systems in all parts of the country.
Many Kenyans could not access the formal courts that had been shut or the virtual courts that were put in place to address the situation.
“The more people refrained from lodging formal complaints with the courts, the more alternative dispute resolution mechanisms were used to address grievances,” the report says.
The report shows more than 34.5 per cent of people who had disputes opted to use village elders committees to resolve their issues, while another 1.7 per cent had Nyumba Kumi teams deal with their disputes.
However, more than 63 per cent still filed their cases using formal courts.
Commission CEO Bernard Mogesa said many hearings were put on hold after formal courts were closed, though some sessions were held virtually.
“The impact in terms of access to justice was even heavier on some segments of the community, like people with disabilities and women,” he said.
The survey also indicates that the postponement of cases resulted in delays and backlogs, meaning people were not getting timely help from courts. There was also increased pressure on the justice system, which was already under strain.
The report says lawyers could not interact with or attend to their clients' needs as most could not travel due to curfews and requirements for social distancing.
However, the report commends efforts put in by the Judiciary to mitigate the situation and ensure access to the courts continued to some extent.
“Online sessions were started to reduce physical contact within courthouses. Justice seekers attended courts virtually through tools like Microsoft Teams, Zoom and Skype and courts also introduced electronic filing of documents,” it says.
The survey says legal aid has been recognised as important to access justice in the post-Covid period.
More than 31 per cent of respondents in the survey said legal aid would ensure citizens access legal education relevant to individual empowerment in seeking justice. However, 57 per cent said they had never received support in terms of content related to legal aid.
Only 19 per cent had been taken through filing and arguing cases before courts and tribunals.
The KNCHR recommends that there should be more investment in ICT modernisation of courts, strengthening alternative justice systems, enhancing legal aid awareness programmes, reform relevant laws and regulations to facilitate electronic administration of justice.
It calls for targeted interventions or enhanced access to justice by vulnerable populations such as victims of domestic and sexual violence and protected witnesses.
Edited by A.N
