Summary of objectives
Methodology
The methodology was informed by the above objectives. Information in this guide was compiled from desk research and key informant interviews. The literature reviewed included official reports, institutional documents and data compiled during the development and implementation of the Social Transformation through Access to Justice (STAJ) blueprint. The STAJ was interrogated with a genealogical lens that involved an analysis of the preceding blueprints of the Kenyan judiciary. This included the Judiciary Transformation Framework (JTF) (2012–2016) and the Sustaining Judiciary Transformation (SJT) framework (2017–2021).
The key informants interviewed were those who had participated in the development and implementation of STAJ and therefore had first-hand experience and knowledge of its processes. This included the vision bearer of STAJ, the Chief Justice of the Republic of Kenya, Honourable Lady Justice Martha Koome; and Anne Amadi, the immediate former Chief Registrar of the Judiciary who served at the time STAJ was developed and played a critical role in its implementation as the Chief Accounting Officer of the Judiciary. Retired Chief Justice Willy Mutunga, the first post-2010 Chief Justice who highlighted the journey of judicial transformation in Kenya, was also interviewed. Other informants included heads of various directorates and registrars of various courts in Kenya, and other judiciary staff involved in the development of the STAJ and the two blueprints that preceded it.
Chapter breakdown
Chapter 1 unpacks access to justice as a concept, its definition and essential ingredients. It also highlights the importance of appropriate access to justice strategies as an imperative for a just society and socio-economic development. The chapter concludes by introducing the reader to the concept of people-centred access to justice.
Chapter 2 uses a genealogical lens to discuss the Kenyan experience. It starts by laying out the historical context and the transformation journey that has informed and shaped the current status of the Kenyan judiciary. It highlights the different transformation phases the institution has gone through and the changing priorities of the two phases preceding the STAJ. The relevance of the historical background is to demonstrate the importance of building on successes that have been incrementally achieved over time, maintaining the transformation momentum and preserving gains already achieved. This chapter also introduces the vision of STAJ.
Chapter 3 traces the conceptualisation of the STAJ blueprint, the process of its development and how it was launched.
Chapter 4 outlines the implementation of the blueprint by identifying the change process, key stakeholders, resources, timelines, innovative approaches and technologies used. It discusses the mobilisation and utilisation of resources, and the ‘hits’ and the ‘misses’ so far that may inform processes in other jurisdictions. It further highlights the challenges experienced in implementing the strategies and key lessons learned from the Kenyan experience that could be adopted by other jurisdictions for greater success.
Chapter 5, the final chapter, lays out a proposed step-by-step road map for developing and implementing a people-centred access to justice strategy. It includes tips on how the strategy can be adopted across other Commonwealth countries in the various regions, leaving room for customisation by respective jurisdictions based on their respective realities and contexts.
Annexes: Attached to the guide are six annexes that provide additional information to the core content in the guide. They are:
- a guide on conducting an access to justice needs assessment
- an access to justice needs assessment template
- a case study on Bangladesh Village Courts
- a case study on Rwanda people-centred justice strategies
- a case study on people-centred justice approaches in Canada
- a sample monitoring and evaluation matrix.