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PLEAD Verdict Funded by the European Union ISSUE NO.5, 2020 PLEAD Verdict Funded by the European Union NEWSLETTER OF THE PROGRAMME FOR LEGAL EMPOWERMENT AND AID DELIVERY IN KENYA – PLEAD In this issue Final Steering Committee appearance for Justice Maraga 1 Animating the role of justice advisory centres in dispute resolution 3 Offering relief for sexual and gender-based violence victims in Nakuru County 4 Community action during COVID-19: Enhancing access to justice in Kenya’s frontier 5 Children on probation shine in national art competition 7 Overview of National Legal Aid Service component 9 Kenya blazes brave path with Alternative Justice Systems policy 11 Boost for witness protection 15 Final Steering Committee appearance for Justice Maraga All partners in the Programme for Legal In her opening remarks, the NCAJ Secretary and Empowerment and Aid Delivery in Kenya (PLEAD) Chief Registrar of the Judiciary, Hon. Anne Amadi, were represented at the virtual PLEAD Steering said: “I want to take this opportunity to appreciate the Committee meeting on 30 October, presided over support that we continue to receive from the European by the Chairperson of the National Council on the Union, UNODC and UNDP. It’s not something we take Administration of Justice (NCAJ), Hon. Justice David for granted.” Maraga. It was Justice Maraga’s final such appearance prior to his retirement. For the European Union Head of Development Cooperation in Kenya, Mr Hubert Perr, the meeting The meeting enabled the partners to review progress was an important opportunity to hear from, and thank, with programme activities, mutual priorities for all partners. “In a nutshell, we see this programme as justice sector reform and emerging issues. Updates a success story. What we would like to achieve as the were provided by each implementing partner: the EU here in Kenya is a partnership. And a partnership United Nations Office on Drugs and Crime (UNODC) means that we would like to see from the development was represented by the Head, Crime Prevention cooperation side that we do something relevant and and Criminal Justice in Eastern Africa, Ms Charity transformative. I think this programme ticks both Kagwi-Ndungu; the United Nations Development boxes,” Mr Perr said. Programme (UNDP) by Project Specialist, Civil Society Democratic Governance Facility-Amkeni Wakenya, Ms “Here we see a partnership between policy makers, Gertrude Angote; and the National Legal Aid Service politics and grass roots. We are very pleased with all (NLAS) by PLEAD-NLAS Team Leader, Dr Gerassimos the partners with the implementation and let’s try to Fourlanos. As direct support for State-provided legal address the few bottlenecks swiftly,” he added. aid through NLAS and the Department of Justice is the newest PLEAD component, this was an important Senior representatives of partner institutions also opportunity for all partners to learn more (see p.9). shared their perspectives on PLEAD implementation, © Justice Maraga speaking at a past PLEAD event, May 2020 About PLEAD: The Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD) is a partnership involving the Government of Kenya, European Union, United Nations and civil society in improving the delivery of justice services, settlement of disputes and use of alternatives to imprisonment. The KSh 4.2 billion programme runs until 2022 and is funded by the European Union. Editorial enquiries: [email protected] I Phone: +254 20 762 3739 www.unodc.org/easternafrica/plead/ This newsletter was produced with the financial support of the European Union. Its contents are the sole responsibility of the co-implementers of PLEAD – UNODC and UNDP – and do not necessarily reflect the views of the European Union. On the cover: Vehicle handover ceremony for the Probation and After Care Service, Nairobi, 3 December 2020. Photo: Elayne Okaya/UNODC 1 PLEAD VERDICT: DEC 2020 namely the Acting NCAJ Executive Director, Dr Conrad Bosire; Director of Public Prosecutions, Mr Noordin Haji; Director of the Witness Protection Agency, Mrs Alice Ondieki; and the Deputy Director of the Probation and After Care Service, Mrs Hannah Maingi. The meeting also enabled the partners to pay tribute to Justice Maraga for his leadership in making PLEAD – the largest criminal justice partnership in Sub-Saharan Africa – a reality, having been instrumental since the programme’s inception and subsequent launch in March 2018. © “Chief Justice, I was told that if it wasn’t for your championship and your dedication to the reform (L-R) Officiating at the launch of PLEAD in March process in the justice sector, and as well to PLEAD, we 2018, Justice Maraga and former EU Ambassador would not be where we are now. I want to thank you to Kenya, Mr Stefano Dejak, with Mr. Duncan Okello of Judiciary, and Dorcas Oduor, EBS, OGW, Secretary on behalf of the European Union for what you have Prosecution Services brought to the table,” Mr Perr said. Excerpts from Justice Maraga’s remarks at the Steering Committee meeting “I want to thank the European Union for identifying the weak in our society, the marginalized and illiterate who are unable to afford legal services. Knowledge is power. When the marginalized groups realise they can get somebody to voice their legal challenges or get assistance, it goes a long, long way. It also tells the perpetrators of crime that they cannot get away with some of those crimes that they commit, especially against the poor. So I’m very pleased to say that, as a result of this, we have increased public confidence in the Judiciary. “This programme has gone a long way to not only support capacity building but equipment, and I am happy you have purchased even vehicles for transport. With the assistance we have received from you, with the handover of laptops, we are very happy to report, especially the Court of Appeal has been able to hear many, many appeals digitally and the prisoners are very happy. “I have gone to a few prisons and the prisoners themselves have assured me that they have no problem whatsoever having their appeals heard digitally. And with the plans under way to have video conferencing kits in various prisons funded through PLEAD, that is a very welcome gesture. “In short, this programme has had a huge impact. What it has done is marvelous. Quite a number of the agencies will be able to operate with the assistance that you have given. On behalf of these agencies, I want to thank you most sincerely and ask you to continue.” Programme for Legal Empowerment and Aid Delivery in Kenya Ð PLEAD Animating the role of justice advisory centres in promoting Alternative Dispute Resolution Juliet Kisilu a Paralegal Officer at Starehe Justice Advisory Centre interviewing clients The Justice Advisory Centres are centres established an emergency loan from a self-help group to assist under the Legal Aid Act 2016, to make legal aid Jennifer. Jennifer agreed to refund the money in accessible to the poor and marginalized. Under instalments within three months, which she failed to the Act, the justice advisory centres are to be in honor. In August, Ann reported the matter to area chief every county towards a further decentralization of Mlango Kubwa, one Mr Githinji. The matter was and improved access to legal aid and justice to not settled and proceeded to St Maria Gorreti Small the sub-county and ward levels. These centres Christian community moderator madam Petronilla may be manned by paralegals supervised by Ndari in which the two are members. Again, there was staff of the National Legal Aid Service, Advocates no resolution. appointed by the Service or accredited legal aid service providers. The matter was subsequently referred to Starehe Justice Advisory Centre, where the paralegals The Starehe Justice Advisory Centre in Nairobi City successfully conduct a mediation between Ann and County is one such outstanding example of the Jennifer to an amicable settlement. role of the centres in promoting alternative dispute resolution mechanisms, a key component of legal aid. Mediation is an important element of alternative The justice centre was established in 2019 following dispute resolution mechanisms. The paralegals, in training of community paralegals conducted by the offering legal aid, have a duty in appropriate case to Legal Resources Foundation Trust (LRF) with funding facilitate out of court settlement. During mediation, it from UNDP through Amkeni-Wakenya facility. Under was established that Jennifer could not pay the whole the PLEAD, UNDP supports Justice Centres by amount at once as she had lost her job due to the offering technical assistance and resources including COVID-19 pandemic. At the close of the mediation, stationery and case documentation materials. it was agreed that Jennifer would pay Kes 500 per month, effective 7th November 2020. The case of Jennifer Kilonzo and Ann Mutindi exemplifies the role of these grassroot centres. The UNDP continues to animate the provisions of legal two have for a long time lived as peaceful neighbors in aid in communities through justice advisory centres, Mashimoni, a low-income neighborhood in Nairobi. In which goes a long way to strengthen the paralegal 2019, a dispute arose between them following failure approach and support for use of alternative dispute by Jennifer to settle a debt owed to Ann. Sometime resolution envisaged under Article 159 (2)(c) of the in July, Jennifer visited Ann and borrowed Kes 16,000 Constitution, the Alternative Justice policy and to resolve a pending obligation. Ann offered to take attendant laws-towards access to justice for all. 3 PLEAD VERDICT: DEC 2020 Offering relief for sexual and gender-based violence victims in Nakuru County: Egerton University Faculty of Law Legal Aid Project Globally, there has been a significant increase in appropriate legal assistance under the Project.
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