Access to Justice for the Forgotten

Access to justice is a mirage for many communities in Africa .Millions are deterred from getting justice due to the technical nature of the law, high cost of hiring  an advocate , delays in court processes , adjournments , loss of files , transport costs among others.

It is  normally said that ignorance of the law is not defence , however there are millions who cannot access justice not because they are ignorant of the law , but because their conditions inhibit them from accessing justice or being knowledgeable about different legislations.In addition, many young people are in prisons  , some because of petty offences , others because of disagreements , while others it is because of crimes committed and still others   will tell you that they are serving sentences for crimes they  never committed.

Awareness creation about legal rights is a positive step towards skilling communities  to defend and demand their rights.It is very difficult to demand your rights while you do not know which rights you have .It is also a challenge to defend rights while you have no idea on where to report a case of violation.There is also an in-depth fear of the justice system among ordinary community members with many people feeling intimidates for example when in a police station, a court or within  the vicinity of a prison.Many people feel that once in contact with a justice system , it is automatic incarceration , which is often not the case.The situation gets more  dire when the seekers of justice are women , rural based , elderly or teenage mothers.

Discussions with rural women confirm that indeed legal and human rights challenges exist among rural populations but are  camouflaged under a culture of silence that is too fearful to speak out.In the deafening silence of Kenya's rural areas , women and girls go through defilement, rape, discrimination of orphaned children , homelessness beatings, economic violence, verbal abuse , harassment and evictions by in-laws  among many challenges.

Organising paralegal trainings in villages helps create community skills on protection of human rights and at the same time ensures that those left behind on matters justice are part and parcel of the justice process.Discussions with rural women in Machakos confirm that  women go through rights violations and keep quiet because violence has become normalised in Kenya.Take for example  an elderly widow whose land is being taken away by able bodied grandsons who can eke out a living and purchase their own plots of land, or orphans who cannot go to school because there  no one to pay their fees or mothers who get beaten up  daily but when you find them in the market place they display smiling faces or a newly widowed young mother who does not understand whether her husband died testate or intestate.

It is therefore very important to reach out to the marginalised groups , those in the remotest villages , those whose voices are muted and enhance their capacity on human rights and social justice .That way when violated they can easily come together and say no , demand for better treatment as well as better services.

                          Indeed the time is ripe for a  nurturing a movement for JUSTICE.