GAJE 2011

Social Justice towards Gender Equity: Securing

Gender Justice

INTRODUCTIONIn Kenya, one must be a member

of the Bar in order to address the Court.

Clinic students’ involvement with clients is therefore very limited

In the past, and to date, Kenyan women and girls have been subjected to structural discrimination by practice, custom and law.

They face discrimination in almost all spheres of their lives – in education, employment, the political arena and in other walks of life

In the past, Kenyan law were not discriminatory under the Constitution if they related to the status of non-citizens, concern matters of personal law and customary law, on the issues of adoption, burial, divorce, marriage and succession.

Sexual violence, rape, physical violence, sexual harassment, and defilement cases continue to rise, compounded by clashes, land skirmishes and the rise of insecurity in the country.

Trafficking of women and young girls for sex, both internally and internationally is also on the increase.

The procedures and evidence required to access the justice system with a full proof case are often complex, burdensome and quite humiliating

ACCESS TO JUSTICE

Accessibility goes beyond physical accessibility of the legal institutions to include: affordability, cultural appropriateness such as language, social acceptability and relevance of applicable norms and processes,

ACCESS TO JUSTICE

simplicity, convenience and friendliness of processes and agents of the law;

fairness of treatment through the process and of outcomes

timeliness and efficiency of delivery among others.

Only a small % of Kenyans seek the services of, or interact with justice through the formal system. An even smaller % of these are women and children.

NALEAP

National Legal Aid (and Awareness) Pilot Program (NALEAP) launched in 2008 by the Ministry of Justice, National Cohesion and Constitutional Affairs, seeks to improve access to justice in Kenya, especially among the poor, the marginalized and the vulnerable in society.

NALEAP

Working in conjunction with various institutions and individual lawyers, the program has launched 5 pilot projects around the country, dealing with:- (i) legal advice, (ii) family mediation, (iii) litigation,

NALEAP

In addition to this, the Program undertakes training for the associated lawyers in order to enhance their capacity to offer legal aid or undertake various forms of arbitration as appropriate, to these clients.

CHALLENGESFundingDifficulty in convincing lawyers to

take on pro bono work – general attitude towards pro bono

Financial and emotional challenges to lawyers who take on pro bono work

CHALLENGE TO CLINICIANS/LECTURERS

GAJE strives to achieve justice through education.

Is it changing the world merely through the lens of the client, or does it really make an impact on the students?