What Does Justice Look Like Beyond the Courtroom? Reflections from the 4th National AJS Conference

When a dispute is resolved through dialogue instead of litigation, when divided families find common ground, or when communities choose reconciliation over conflict, what does justice truly look like? Can justice be measured by the number of cases concluded, or should it be seen in stronger families, peaceful communities, and restored relationships? Is justice simply about reaching a legal decision, or is it about restoring relationships, rebuilding trust, and enabling communities to live together in peace?

These thought-provoking questions and the pursuit of Data-Driven Pathways for People-Centred Justice in Kenya, the theme of the conference, set the tone for the 4th National Alternative Justice Systems (AJS) Conference, held from 16–19 June 2026 at Embu University. The four-day conference brought together an unprecedented gathering of justice leaders, including judges, magistrates, policymakers, researchers, community justice practitioners, civil society organisations, county governments, traditional dispute resolution practitioners, academia, and development partners from across Africa. Together, they explored how justice systems can become more responsive to the needs of the people they serve by placing communities, dignity, and lasting solutions at the centre of justice delivery.

“Traditionally, justice systems have relied on indicators such as case filings, case clearance rates, backlog reduction, and the speed of case resolution. These measures remain important… However, they do not always capture the full experience of justice from the perspective of the people we serve.” Hon. Justice Martha Koome, Chief Justice of the Republic of Kenya and President of the Supreme Court of Kenya

Chief Justice Hon. Justice Martha Koome alongside Chief Justices from across Africa during the AJS Conference.

For Kituo Cha Sheria, the conference was a valuable platform to contribute to the growing national and continental conversation on people-centred justice. Throughout the event, the organisation engaged with justice sector actors, exchanged experiences, and strengthened its commitment to ensuring that justice is not only accessible but also meaningful, inclusive, and transformative for the communities it serves.

Kituo Cha Sheria team at the Kituo booth during the 4th National Alternative Justice Systems (AJS) Conference at Embu University, showcasing its work

A key highlight of Kituo Cha Sheria’s participation was its exhibition booth, which attracted delegates from across the justice sector eager to learn about the organisation’s work in advancing Alternative Justice Systems and legal empowerment. The booth showcased Kituo’s decades of experience in promoting community-led justice through legal aid, community paralegal programmes, mediation, legal empowerment initiatives, and advocacy for Alternative Justice Systems. Through publications, resource materials, and interactions with delegates, Kituo demonstrated how empowering communities to understand, use, and shape the law contributes to peaceful dispute resolution, stronger institutions, and improved access to justice. The exhibition also created opportunities to build new partnerships, share best practices, and highlight the important role civil society continues to play in advancing people-centred justice in Kenya.

Hon. Idrissa Sow, Chairperson of the African Commission on Human and Peoples’ Rights, visits Kituo’s exhibition booth during the AJS Conference in Embu.

Throughout the conference, discussions challenged participants to rethink how justice is measured. While court performance has traditionally been assessed through indicators such as cases filed, concluded, and clearance rates, participants argued that these measures tell only part of the story. Equally important are outcomes that are often less visible but far more meaningful, whether relationships have been restored, communities have reconciled, rights have been protected, and future conflicts prevented.

“We must move from counting cases to measuring justice, from throughput to outcomes, from efficiency to human flourishing. That is the future.” Hon. Justice (Prof) Joel Ngugi, Chair, NaSCI-AJS.

These conversations strongly resonated with Kituo’s work across Kenya. For over five decades, the organisation has supported vulnerable and marginalised communities through legal aid, community legal empowerment, public interest litigation, and the promotion of Alternative Justice Systems. Its experience has consistently demonstrated that sustainable justice extends beyond legal outcomes to include dignity, participation, accountability, and social cohesion.

Chief Justice Hon. Martha Koome and Chief Justices from across Africa join delegates for a group photo during the AJS Conference in Embu

The conference also reinforced the growing recognition of Alternative Justice Systems as an essential pillar of Kenya’s justice architecture. As implementation of Article 159 of the Constitution continues to deepen, stakeholders emphasised the importance of strengthening community-based justice mechanisms while generating evidence that demonstrates their impact on people’s lives.

“AJS are not just an alternative for the vast majority of Kenyans. They are the primary choice.” H.E. Patrick Ole Ntutu, Governor of Narok County

The culmination of the conference marked another significant milestone for the AJS movement in Africa. The event was attended by 16 Chief Justices from across the continent, highlighting the growing continental commitment to people-centred justice and the exchange of innovative approaches to expanding access to justice. The conference also witnessed the official launch of the Embu Alternative Justice Systems Suite, a landmark initiative that strengthens institutional support for community-based dispute resolution and further embeds Alternative Justice Systems within Kenya’s justice sector.

Chief Justice Hon. Martha Koome leads delegates during the commissioning of the Embu Alternative Justice Systems (AJS) Suite in Embu.

The conference concluded with a clear message: the future of justice lies not only in resolving disputes but also in creating stronger communities, restoring dignity, and ensuring that justice responds to the realities and needs of the people it serves.

“What if success is measured not only by the number of disputes resolved, but also by the number of relationships restored? What if justice is measured not just through efficiency, but also through reconciliation, trust, social cohesion, and human dignity?” Hon. Justice Martha Koome, Chief Justice of the Republic of Kenya and President of the Supreme Court of Kenya

As Kenya continues to shape a more inclusive and responsive justice system, Kituo Cha Sheria remains dedicated to advancing people-centred justice by supporting community-driven solutions, strengthening Alternative Justice Systems, and expanding legal empowerment initiatives. Through collaboration with communities, the Judiciary, and other justice sector actors, Kituo continues to champion a justice system where every person can understand, access, and participate in processes that protect their rights and uphold dignity.

By Rony Alal, Communications Officer, Kituo Cha Sheria

LANDMARK ENVIRONMENTAL JUSTICE VICTORY AS COURT ORDERS CLOSURE AND RELOCATION OF MALINDI DUMPSITE

A landmark environmental justice victory has been achieved in Malindi after the Environment and Land Court ordered the closure and relocation of the Malindi dumpsite, following a petition filed by the Malindi Residents Development Group (MRDG), with legal support from Kituo Cha Sheria.

The matter, Malindi Residents Development Group & another v County Government of Kilifi & 4 others, Petition No. 6 of 2022, was determined by the Environment and Land Court at Malindi, with judgment delivered on 26 May 2026 by Justice Mwangi Njoroge. The petition challenged the continued operation of the dumpsite and raised concerns over environmental degradation, public health risks, and violations of residents’ constitutional rights.

The Court found that the continued dumping and burning of waste at the site violated residents’ constitutional rights, including the right to a clean and healthy environment, health, and access to information. The Court further directed the County Government of Kilifi to cease waste disposal activities at the site, identify and relocate the dumpsite to a suitable location in compliance with environmental laws, and undertake restoration of the degraded environment.

The case centred on concerns raised by residents over the impact of uncontrolled waste disposal at the dumpsite located in the Casuarina area of Malindi. Evidence presented before the Court highlighted concerns including pollution, open burning of waste, and the risks posed to surrounding communities, ecosystems, and livelihoods.

Through the support provided by Kituo, the affected community was able to pursue legal remedies and seek accountability for environmental harm. The judgment represents a significant milestone in advancing environmental justice and demonstrates the importance of community-led action in protecting constitutional rights and holding duty bearers accountable.

The Court’s decision further reinforces the obligation of public institutions to ensure sustainable waste management practices that protect communities and safeguard the right to a clean and healthy environment.

Full Judgment: https://kituochasheria.or.ke/wp-content/uploads/2026/06/DOC-20260529-WA0030.pdf

By Rony Alal
Communications Officer, Kituo Cha Sheria

KITUO MOVES TO COURT TO PROTECT NAIROBI NATIONAL PARK FROM BOMAS EXPANSION

Kituo Cha Sheria has moved to the Environment and Land Court seeking to halt the proposed excision of 76 acres of Nairobi National Park for the expansion of the Bomas International Convention Centre, arguing that the project threatens one of Kenya’s most important protected ecosystems and violates constitutional and environmental safeguards.

The petition, filed by Kituo Cha Sheria alongside JustAct as Environment and Land Court Petition No. 19 of 2026 in Nairobi, challenges approvals issued by the National Environment Management Authority (NEMA) and actions by the Kenya Wildlife Service (KWS) relating to the redevelopment project.

According to the petitioners, the proposed relocation of the Nairobi Animal Orphanage is being used to facilitate a commercial development that would permanently alter protected parkland. Kituo argues that the project will result in the loss of approximately 76 acres of indigenous forest, a critical habitat for the endangered black rhinoceros and other wildlife, while undermining the ecological integrity of Nairobi National Park.

In a supporting affidavit, Kituo Executive Director Dr. Wambua Kituku states that the project was flagged by the Auditor-General in the 2024/25 financial year after it was found not to have been budgeted for, raising concerns over its legality and financing. The affidavit also questions the project’s funding model, which was later revealed to involve the Tourism Fund under a Public-Private Partnership arrangement.

The petition also argues that the project violates Article 42 of the Constitution, which guarantees every person the right to a clean and healthy environment, and Article 69, which obligates the State to protect ecologically sensitive areas and conserve biodiversity for present and future generations. Converting protected conservation land into commercial infrastructure would undermine these constitutional obligations.

Kituo further contends that the public participation process did not meet constitutional and statutory requirements. According to the court filings, affected communities, conservation stakeholders, and members of the public were not given adequate access to project documents, including the Environmental and Social Impact Assessment, nor were they given sufficient opportunity to present informed views before approvals were granted.

The petition also raises concerns that the environmental assessment failed to adequately address the ecological implications of reducing protected parkland, including the loss of indigenous forest, wildlife habitat, and biodiversity.

During the initial court appearance, Justice Oscar Angote directed the respondents to file their responses before the matter proceeds to hearing. Kituo is seeking conservatory orders to suspend the implementation of the project and halt any further clearing or construction within the disputed section of Nairobi National Park pending the determination of the petition.

Through the suit, Kituo is seeking conservatory orders to stop any further implementation of the project pending the hearing and determination of the case. The petition also asks the court to suspend the environmental approvals granted for the development and protect the disputed section of Nairobi National Park from further clearing or construction.

The case reflects Kituo’s continued commitment to using public interest litigation to safeguard constitutional values, strengthen environmental governance, and ensure that major public projects comply with the law, uphold transparency, and meaningfully involve citizens in decisions that affect public resources and Kenya’s natural heritage.

By Rony Alal
Communications Officer, Kituo Cha Sheria

REIMAGINING RESEARCH TO ADVANCE PEOPLE-CENTRED JUSTICE: DR. WAMBUA’S REFLECTIONS FROM THE OTTAWA CIVIC SPACE SUMMIT

The struggle to protect and expand civic space is increasingly becoming a struggle over evidence. As governments, civil society, and communities navigate shrinking civic freedoms, research is no longer simply a tool for documenting challenges; it is an essential foundation for advancing people-centred justice. By generating credible evidence, amplifying lived experiences, and informing public policy, research helps ensure that justice systems respond to people’s realities rather than abstract assumptions.

This perspective shaped discussions during the “Reimagine Research: Powering Civic Practice and Infrastructure” panel at the inaugural Ottawa Civic Space Summit 2026, held from 21 – 23 April 2026 in Ottawa, Canada, where Kituo Cha Sheria Executive Director Dr. Wambua Kituku joined global experts in examining the role of research in protecting and expanding civic space.

Research enables civil society to identify emerging threats, understand how restrictions affect different groups, and develop practical, evidence-based responses. Whether addressing restrictive laws, digital surveillance, or the silencing of civic voices, credible research strengthens advocacy, informs policy reforms, and promotes accountability. In this way, it becomes an essential pillar for safeguarding civic space and strengthening democratic participation.

“Research is most powerful when it begins with people. At Kituo Cha Sheria, we see research as more than generating evidence, it is about understanding the justice needs of communities and using that evidence to shape policy, strengthen advocacy, and build justice systems that are responsive, inclusive, and accountable. When research reflects lived experiences, it becomes a catalyst for protecting civic space and advancing people-centred justice.”  Dr. Wambua Kituku, Executive Director, Kituo Cha Sheria

Panelists pose for a group photo after the panel discussion at the inaugural Ottawa Civic Space Summit held in Ottawa, Canada (Dr. Wambua Kituku, 3rd left).

Research is not simply about generating knowledge, it is about ensuring that the voices, experiences, and justice needs of communities shape the decisions that affect their lives. By producing credible, community-driven evidence, research bridges the gap between people and institutions, ensuring that advocacy is rooted in lived realities and that laws and policies respond to the challenges communities face. In this way, research becomes a catalyst for legal empowerment, equipping people to know the law, use the law, and shape the law. It strengthens civic participation, enables communities to influence reforms that protect rights and expand civic freedoms, and contributes to building more responsive and accountable justice systems.

“Research only becomes meaningful when it empowers people. The evidence we generate must amplify community voices, inform reforms, and strengthen justice systems that are responsive to the people they serve.” Dr. Wambua Kituku, Executive Director, Kituo Cha Sheria

At Kituo Cha Sheria, research is integral to advancing people-centred justice in Kenya and beyond. It informs legal aid, community legal education, strategic litigation, and policy advocacy, ensuring that community experiences drive legal and policy reforms. From labour migration and forced displacement to alternative justice systems, land and housing rights, and access to justice, research provides the evidence that strengthens advocacy, amplifies community voices, and advances legal empowerment by enabling people to know the law, use the law, and shape the law. In doing so, it helps create a more open civic space where justice is informed by the realities and aspirations of the people it serves.

Dr. Wambua Kituku (third left) participates in a panel discussion during the inaugural Ottawa Civic Space Summit held in Ottawa, Canada.

As civic space continues to evolve, the need for research that is collaborative, community-driven, and action-oriented has never been greater. Beyond informing policy and advocacy, such research strengthens public trust, deepens democratic participation, and ensures that justice systems remain responsive to the people they serve. By placing communities at the centre of knowledge production, research becomes a powerful force for protecting civic space and advancing people-centred justice in Kenya and beyond.

By Rony Alal
Communications Officer, Kituo Cha Sheria

FROM TRAUMA TO HOPE: A REFUGEE’S JOURNEY BEYOND LEGAL AID

For many years, Kituo Cha Sheria has been a beacon of hope for the poor and the vulnerable in Kenya and beyond, including refugees. Through its commitment to legal empowerment and the provision of legal aid, Kituo has enabled countless individuals to access justice and reclaim their dignity. However, not all who seek legal aid require legal intervention alone. Some carry a far heavier burden, one shaped by trauma, loss, and experiences that the law, by itself, cannot heal.

Within Kituo’s Forced Migration Programme, this reality is well understood. The programme integrates psychosocial support through dedicated counsellors who walk with clients beyond the courtroom, helping them rebuild not just their cases, but their lives.

This was the case for James (not his real name), a Congolese refugee who came to Kituo Cha Sheria seeking legal assistance. James’s story is one of survival against overwhelming odds.

When James first arrived, he appeared like many others, hopeful, yet visibly weighed down. During the initial screening, the legal officer quickly realized that his needs extended far beyond legal representation. Beneath his request for justice was a deep and urgent psychological crisis. James was struggling with severe trauma and suicidal thoughts, rooted in a past marked by unimaginable violence and hardship.

He recalls, with painful clarity, the moment his life was shattered. His father was killed in front of him during conflict in the Democratic Republic of Congo. Soon after, those responsible began searching for him, intending to kill him as well. Forced to flee, James embarked on a journey filled with fear, uncertainty, and suffering.

“When I left Congo, I went through so many hardships. War had already begun, and even conflict within my family had started. My father was killed before my eyes, and after his death, they came looking for me so they could kill me as well. But by the grace of God, I was spared. God had a plan for me.”

At one point during his escape, while seeking refuge alongside strangers who were also fleeing for safety, they were captured by armed men and taken deep into the forest. There, he was subjected to forced labor, constant beatings, and inhumane treatment. He witnessed the brutal killings of the very strangers he had met, carried out by the armed men who had captured them, and lived in constant fear for his life. Near the bodies of those victims, he was sexually assaulted by two men, an ordeal that left him unconscious and with deep physical and emotional scars.

“I saw that my friends, the same ones I had met that evening had been killed. Out of fear, I lost control of myself and didn’t know what to do. The commander told me, ‘If you refuse to do what we say, you see how they are lying there dead, and that will be you.’ He then did everything he wanted to me. He raped me… Two of them had assaulted me, and I received no treatment or help.”

Eventually, amid the chaos of a clash between the armed group and police, James seized a chance to escape. Disoriented and alone, he fled without a clear direction until he reached a village near the Uganda border. From there, he found his way to Nairobi, Kenya.

In Nairobi, James had no family, no support system, and no place to call home. He survived on the streets, often sleeping in open spaces. At one point, he was beaten for sleeping in a clothes stall, a moment that further deepened his sense of despair. Though he later found temporary refuge with fellow Congolese nationals who helped him learn barbering, his struggles persisted.

In an attempt to build a better future, James saved money and entrusted it to an individual who promised to help him travel abroad. The promise turned out to be a scam. He lost all his savings of Kenyan shillings 80,000 and when he sought help, he was dismissed and reminded of his vulnerability as a non-citizen.

“One of my customers, whom I used to shave, told me he had helped many Congolese secure jobs abroad and encouraged me to try my luck. I explained that I had no family or support and asked for a year to raise the money. After working hard, I gave him Ksh. 80,000 and waited, but months passed with no response. When I finally asked for my money back, his attitude changed, and he told me, ‘You’re not even Kenyan and there’s nothing you can do to me.”

Overwhelmed by cumulative trauma, loss, and hopelessness, James began experiencing persistent thoughts of ending his life. Fear haunted his sleep, and the weight of his past seemed unbearable. Even after obtaining refugee documentation, the emotional wounds remained raw and unresolved.

It was at this lowest point that James was referred to Kituo Cha Sheria.

“That’s when thoughts of ending my life began to come into my mind. I lived in constant fear, even in my sleep. I kept thinking about death.”…

“Later, I heard about a refugee center that helps people. I went there and explained my situation, but they told me my case needed to be taken to Kituo Cha Sheria. That’s how I ended up ta kituo cha sheria.”

Recognizing the urgency of his condition, the legal officer referred him to Kituo’s psychosocial support services under the Mental Health and Psychosocial Support (MHPSS) Programme. There, he met Habiba Mohamed, psychosocial counsellor.

Through consistent counselling sessions, Habiba provided James with a safe space to process his trauma. She helped him confront painful memories, manage stress, and understand that his experiences though devastating did not define his worth. Slowly, through patience and care, James began to heal. He rediscovered a sense of purpose.

The thoughts that once consumed him began to fade, replaced by a renewed will to live. With emotional and psychological support, he started to rebuild his life, not just as a survivor, but as someone with value, dignity, and hope for the future.

“She supported me mentally, emotionally, and showed me that I still have value and purpose in life. She gave me hope. The person I am today, and the changes in my life, are because of her.”

His journey is a powerful reminder that justice is not only about legal outcomes, it is also about restoring humanity. At Kituo Cha Sheria, this holistic approach ensures that individuals like James are not only heard in law, but also healed in life.

“This boy came for legal aid; he never came for counselling. When our lawyers saw his condition, he was immediately referred for counselling. He was in a very bad state. He was suicidal and had lost hope in life but through the sessions, he has recovered well…I encourage boys and men not to keep quiet, but to speak up and seek help.” Habiba Mohamed, Psychosocial Counsellor, Kituo Cha Sheria

Watch the full story here: https://youtu.be/n0Br-a94auk

By; Rony Alal

Turning Policy into Progress: How RAWI–EA Is Transforming Refugee Livelihoods

“What Magic, Exactly, Are Refugees Expected to Perform?”

Picture this. A young, ambitious, educated refugee sits across from a potential employer. They went to school here in Kenya. They studied the same curriculum as their Kenyan counterparts, sat the same exams and qualified, and have walked the same corridors searching for jobs. And yet the employer is required by law to prove that no Kenyan can do the job this refugee is applying for. The same job. The same skills. The same education system.

What magic, exactly, are they expected to perform?

This is not hypothetical. This is the daily reality for hundreds, if not thousands, of refugees in Kenya who want nothing more than to work legally, fairly, and with dignity, and contribute to the economy, but they find themselves blocked at every turn. Not by lack of ability or qualifications, but by a system that was not designed with them in mind, and has been too slow to change.

RAWI–EA Coalition Sub-Committee Leads during the inaugural meeting at PrideInn Hotel.

Their dreams are on hold. Their plans to build families, to innovate, to make meaningful life contributions are on hold. In the absence of decent, formal work and equal pay, many are pushed into exploitative arrangements just to get through each day. Others fall into despair. And all of this is happening at a time when humanitarian assistance is dwindling by the day. And the people caught in between are running out of options. And so, we ask ourselves, whose job is it to change this?

Section 28 of the Refugees Act 2021 is one of the most progressive provisions in refugee law in Africa. It expressly guarantees refugees the right to work. Kenya ratified the 1951 Refugee Convention, the Shirika Plan commits to socioeconomic integration and the Nairobi County Refugee Integration Strategy recognizes refugee documentation as valid. On paper, Kenya has made the promise. But in practice, the Kenya Citizenship and Immigration Act still requires employers to prove that no Kenyan can perform a job before a refugee can be hired for it. Ask yourself: how does a refugee who grew up in Kenya, or who fled to Kenya for safety, studied in Kenya, and knows no other (safe) home, how do they prove they have a special skill that a Kenyan cannot have, when they were taught by the same teachers, in the same schools, with the same curriculum? The Advocates Act, for instance, bars non-citizens from being admitted to the bar. The Engineers’ Rules restrict professional registration. Refugees are expected to produce passports from countries they fled, a document many never had, or lost, or cannot safely obtain.

RAWI–EA team at the launch of the research on the analysis of the legal and policy framework on refugees’ right to work in Naivasha.

For years, many organizations across Kenya and beyond Africa had been doing genuinely good work on refugees’ right to work through litigation, research, advocacy and lobbying, as well as skills development and capacity building, with policymakers invited to multiple forums by different organizations; however, despite these sustained efforts, more still needed to be done to translate this work into the meaningful, lasting changes most sought by refugees.

To drive more coordinated and impactful action, Refugee Access to Work and Inclusion – East Africa (RAWI–EA) was formed in 2025, a coalition of civil society organizations, refugee-led groups, academic institutions, communications experts, and policymakers, each bringing their unique expertise, each retaining their organizational autonomy but all united around one goal: making the right to decent work for refugees real, not just on paper.

RAWI exists to unlock access to decent work for refugees by addressing the systemic barriers that keep skilled and willing individuals on the margins. It focuses on those unable to access higher education or regulated professions, or forced into underpaid work due to lack of documentation, supporting their transition into dignified, productive livelihoods as contributors and taxpayers. At the same time, RAWI brings together change makers and organizations to align efforts, recognizing that meaningful progress requires coordinated action, not fragmented interventions.

Kituo Cha Sheria Legal Officer, Caleb Mbugua, chairs the RAWI–EA Monthly Working Group Meeting.

RAWI–EA’s greatest achievements include four refugee advocates admitted to the Bar, one refugee admitted to the Kenya School of Law, a public interest litigation, the first of its kind in East Africa, now moving through the courts. These are complemented by a groundbreaking legal and policy analysis that provides the evidence we need, and by employer forums where the question is no longer whether refugees should work, but how they can do so legally, decently, and under fair conditions. Importantly, we have secured concrete commitments from policymakers to work hand in hand with us.

RAWI’s momentum is real, but we cannot sustain it alone. We invite organizations, development partners, and refugee professionals to bring their knowledge, networks, and leadership to this coalition. Together, we can move as one, ensuring that the right to work under Section 28 of the Refugees Act 2021 becomes a reality for all refugees.

Join RAWI-EA, partner with us, or support our work. Contact the coalition secretariat at Kituo Cha Sheria: kemuma@kituochasheria.or.ke

 The Author, Margaret Kemuma, is the Forced Migration Program Coordinator at Kituo Cha Sheria, the RAWI-EA Secretariat.

High Court Dismisses Petition by 1998 Nairobi Bomb Blast Victims Seeking State Compensation

The High Court of Kenya has dismissed a petition filed by Kituo Cha Sheria on behalf of survivors and families affected by the August 7, 1998 terrorist bombing of the United States Embassy in Nairobi, ruling that the case lacked sufficient legal merit.

The attack remains one of Kenya’s deadliest terror incidents, killing over 200 people both Kenyans and foreigners and injuring more than 4,000 others. Many survivors sustained life-altering injuries, including blindness, deafness, and severe bone and muscle damage.

The petition, filed in 2021 under case number HCCHRPET/E166/2021, sought compensation from the Government of Kenya. Kituo Cha Sheria moved to court more than two decades after the attack after survivors and affected families, citing lack of legal knowledge and representation at the time, approached the organization for legal assistance.

The matter was heard before Hon. Justice Lawrence Mugambi. Judgment, initially scheduled for November 7, 2025 and later postponed to January 15, 2026, was delivered on January 28, 2026.

In their submissions, the petitioners sought not only compensation but also recognition of their suffering and accountability from the state. They argued that the government failed in its constitutional duty to protect its citizens and that many victims had never received meaningful support despite the immense loss of life, lifelong injuries, and psychological trauma caused by the attack.

In dismissing the petition, the court held that the petitioners failed to demonstrate that the government had prior knowledge or actionable intelligence that could have enabled it to prevent the bombing. Justice Mugambi noted that while the petition relied on several reports, the authors of those documents did not appear in court to testify, rendering the evidence hearsay and legally inadmissible.

“It cannot be established, on the basis of the material placed before this court, that the government was aware of the attack or that it failed to act on any intelligence,” the judge ruled.

The court further observed that there was no evidence showing that the United States government faulted Kenya for failing to prevent the attack. While acknowledging the gravity of the victims’ suffering, the court emphasized that sympathy could not replace the strict legal requirement for credible and admissible evidence. The burden of proof, Justice Mugambi held, lay with the petitioners a threshold the court found had not been met.

As a result, the petition was dismissed, leaving victims and their families with renewed disappointment and unresolved questions more than 25 years after the tragedy.

Kituo Cha Sheria counsel John Mwariri (in a blue suit) addressing the media after the court ruling.

Kituo Cha Sheria, through its counsel John Mwariri, expressed disappointment with the ruling and indicated that the organization would pursue the matter before a superior court. Reaffirming its commitment to the survivors and affected families, he said:

“We respect the ruling, but we do not agree with it. Our clients have gone through a lot, and some have even passed away this week after a long struggle. We tabled all the evidence before the court, but we are deeply disappointed. We will pursue this matter in the superior courts.”

For survivors and families who lost loved ones, the ruling went beyond a legal determination, reopening wounds that have remained raw for over 25 years. Some survivors told the court of years of living with disabilities, mounting medical expenses, and lost livelihoods, while families of the deceased said their grief had been compounded by what they view as prolonged neglect by the state.

By; Rony Alal

CLAIMING HER RIGHT: A WIDOW’s JOURNEY THROUGH SUCCESSION

Nancy Muthure Kinyanjui’s story is one that mirrors the lived reality of many women in Kenya who find themselves navigating the law of succession under the weight of grief, poverty, and deeply rooted social barriers.

Nancy is a mother and a widow from Gitaru, Kiambu County. Her life changed abruptly when her husband died shortly after purchasing a parcel of land in Engineer, Miharati area. The land, acquired through years of sacrifice and hope for a better future, was meant to secure the family’s stability. Instead, his death marked the beginning of a long and painful struggle. He died intestate (without a will), leaving behind Nancy and their minor children.

Under the Law of Succession Act (Cap 160), Kenyan law recognises the rights of a surviving spouse and children, including minors, to inherit the estate of a deceased person. Where a man dies intestate, the widow is, in principle, entitled to administer and hold the estate in trust for herself and the children until the minors attain majority. However, the law also requires a formal court process before land can be legally transferred, particularly where minors are involved. In such cases, the court must appoint administrators to safeguard the children’s interests, often requiring more than one administrator to prevent misuse of the estate. While these safeguards are designed to protect minors, for widows like Nancy they frequently translate into additional procedural hurdles marked by technicalities, delays, costs, and limited legal knowledge, revealing a wide and unforgiving gap between what the law promises on paper and what women experience in reality.

When Nancy attempted to transfer the land into her name and that of her children, she encountered a succession process that was tedious, costly, and intimidating. Court procedures were complex, documentation requirements overwhelming, and legal language alien. As a poor widow caring for minors, she lacked the financial resources to engage private legal counsel.

Nancy Muthure Kinyanjui proudly holds her family’s title deed.

Beyond the procedural hurdles, Nancy also faced the silent but powerful burden that many widows endure: social attitudes that question a woman’s right to land. In many communities, land is still viewed as a male preserve, and widows especially those with young children are often seen as temporary custodians rather than rightful heirs. Although no direct claim was lodged against her, the fear of possible interference, exploitation, or dispossession lingered heavily over her.

Nancy was then referred by a friend, Lucy Wangui Mwangi, to Kituo Cha Sheria-legal advice centre, where she could access help at minimal or no cost, with a strong focus on the legal empowerment of women and marginalised communities. At Kituo Cha Sheria, Nancy found more than legal representation, she found dignity, patience, and understanding.

Kituo Cha Sheria took up her case and guided her through the succession process at a minimal cost. They filed a petition for letters of administration, seeking the court’s authority for Nancy to manage her late husband’s estate on behalf of herself and her minor children. In compliance with the law, the court appointed Nancy and her son as joint administrators, recognizing her right not only as a widow but also as a trustee of her children’s future.

Through patience, persistence, and legal support, the succession cause was concluded. Nancy finally received a title deed in her name, held in trust for herself and her children. That document was more than a piece of paper, it was proof that the law could work for a poor widow when access to justice is made real.
Today, Nancy faces a new but hopeful chapter. As a poor mother, she seeks guidance on how she can legally sell a portion of the land to build a shelter and invest in her children’s future. Her question reflects another common reality for widows: owning land is only the first step; understanding how to lawfully use, develop, or dispose of it is equally critical, especially where minors’ interests must still be protected by the court.

Nancy’s story is not unique but it is instructive. It reveals what women endure in succession matters: delayed justice, lack of information, economic vulnerability, and systemic barriers that make legal rights difficult to realise. While the Law of Succession Act provides a protective framework for widows and children, access to justice remains uneven without legal empowerment from institutions like Kituo cha Sheria.

Watch the story here: https://youtu.be/aZwlPN3glK4

By; Rony Alal

Kituo Leads National Push to Strengthen Community Land and Climate Change Law Implementation for Food Security

Land and natural resource governance are central to Kenya’s economic stability, environmental sustainability, and food security. As a land-based economy, Kenya’s agriculture sector contributes significantly to the national GDP, both directly and indirectly through strong linkages with other sectors. However, persistent food insecurity, particularly among communities that depend on communal tenure systems continues to undermine sustainable livelihoods, equitable development, and food production. The gradual shift from communal to private land ownership has further marginalized pastoralist and smallholder farming communities, restricting access to land for farming and grazing, and ultimately weakening the national food security goals.

To address these challenges, Kenya has undertaken significant legislative reforms, including the enactment of the Community Land Act, 2016, which seeks to recognize, protect and register community land rights in line with the Constitution of Kenya, 2010. The Act empowers communities to govern and manage their lands, ensuring tenure security and equitable utilization of natural resources. Despite its transformative promise, the implementation of the Community Land Act has been slow and uneven, constrained by limited public awareness, weak institutional capacity, and resource gaps that continue to impede the full realization of community land rights.

Kituo staff with Samburu residents during a fact-finding and research exercise in Samburu.

In this context, Kituo Cha Sheria, with funding from the Food and Agriculture Organization of the United Nations (FAO), co-funded by the European Union (EU), conducted a targeted data collection exercise in November 2025 to assess the status of implementation of the Community Land Act, 2016 and the Climate Change Act, 2016 in Kenya. The exercise aimed to generate evidence-based insights to inform policy advocacy at both national and county levels, with a strong focus on land justice, climate resilience, and food security.

The data collection covered key regions including Samburu, Kwale, Kisumu and Nairobi, bringing together community representatives, county and national government duty bearers, civil society actors, and technical experts. Through consultative engagements, the exercise documented community experiences, institutional practices, and coordination gaps affecting the enforcement of land and climate laws. Particular attention was paid to how tenure insecurity, climate vulnerability, and weak integration of land and climate governance frameworks continue to affect food production systems and livelihoods.

Residents of Samburu during the research period.

Findings from the field highlighted persistent challenges such as delayed community land registration, limited awareness of legal protections, and insufficient alignment between climate action planning and land governance processes. While the Climate Change Act provides a robust framework for climate action, its implementation has not been adequately harmonized with land governance systems, resulting in fragmented approaches that undermine sustainable land use and community resilience. These engagements were made possible through the Land Sector Non State Actors Network and the newly formed regional networks in these target regions.

Kituo Cha Sheria leveraged this network to ensure inclusive stakeholder participation and credible data gathering. The findings from the exercise will inform the development of a comprehensive memorandum on the status of implementation of the Community Land Act and the Climate Change Act. The memorandum will consolidate regional and national perspectives, identify bottlenecks and opportunities, and propose actionable recommendations to strengthen accountability, coordination and policy implementation.

Residents of Samburu during the research period in Maralal.

A stakeholder validation forum will be convened to review and enrich the findings before the final memorandum is presented to relevant state institutions as an advocacy tool. KITUO continues to advance people-centred land justice and climate governance, ensuring that progressive legal frameworks translate into tangible gains for food security, environmental sustainability, and the livelihoods of marginalized communities across Kenya.

Catalyzing Policy Reform for Refugees’ Right to Work in Kenya

Kenya’s refugee landscape is at a pivotal moment. With over 860,000 refugees and asylum seekers residing in the country, the need to translate progressive legal frameworks into practical, lived realities has never been more urgent. In quest to find a solution, Kituo cha Sheria convened the “Empowering Refugees: Catalyzing Policy Reform for Refugees’ Right to Work in Kenya” two-day workshop in Naivasha, supported by Heinrich Böll Stiftung, Horn of Africa, where stakeholders unpacked new research conducted by Kituo cha Sheria on promoting refugees’ integration and self-reliance, shared evidence from the field, and charted pathways toward meaningful policy reform.

The workshop highlighted a fundamental contradiction: while Kenya has advanced a more inclusive legal environment anchored in Constitutional guarantees and the Refugees Act, refugees continue to face systemic barriers that prevent them from securing dignified work. The research presented unpacked gaps between law and practice, pointing to contradictions within the Immigration Act, restrictive encampment policies, and delays in documentation, inadequate labour protections, and the absence of clear pathways for skills recognition.

Kituo cha Sheria Board Chair, Mr. Justus Munyithya, addressing delegates and stakeholders during the workshop.

These challenges reflect a national crisis in documentation, with over 200,000 refugees awaiting clearance, their applications stalled. This backlog has denied thousands access to employment, education, and health services, leaving entire families in prolonged uncertainty. The human impact was further illustrated during the workshop through a compelling case study from the International Rescue Committee (IRC), which highlighted the exhausting and often confusing process refugees must navigate to obtain legal identification, KRA PINs, and business registration; all essential prerequisites for formal employment or entrepreneurship.

Similar experiences were echoed by members of the refugee community. According to Deu Kamuzinzi, a refugee and the advocacy lead at Youth Voices Community, the delays in clearing the piling backlog have locked out refugees from contributing to the economy. Lucy Duku, Chairperson of Refugee Women in Nairobi, also emphasized that even highly educated refugee youth remain excluded from professional opportunities due to documentation gaps, noting,

 “Our children were born in this country and have graduated from universities but cannot get jobs as they do not have the necessary documents like KRA PIN.” Lucy Duku, Chairperson of Refugee Women in Nairobi

Deliberations during the workshop highlighted that meaningful integration requires dismantling legislative and administrative barriers that hinder refugees’ right to work. Kituo cha Sheria Chairperson Justus Munyithya reaffirmed the organisation’s commitment to engaging government agencies in reviewing and amending legal and policy frameworks that limit refugees’ access to employment, education, and health services. He emphasized,

“As KITUO, we remain committed to ensuring that legal empowerment and policy reform go hand in hand. Refugees do not just need humanitarian assistance; they need a legal and structural environment that allows them to rebuild their lives with autonomy and confidence.” Mr. Justus Munyithya, Board Chair, Kituo Cha Sheria

Kituo cha Sheria Board Chair, Mr. Justus Munyithya, addressing the press during the workshop.

According to Dorothy Omboto, lawyer and lead consultant researcher of the launched report, there is a pressing need to abolish work permit requirements for refugees and to recognise refugee IDs as legitimate documentation for employment and business registration, an essential step toward alleviating the systemic frustrations refugees face. She noted that existing laws limit refugee integration and access to decent work due to the cumbersome process of obtaining work permits.

There is a pressing need to align Kenya’s progressive legal commitments with efficient, accessible systems that genuinely uphold refugees’ right to work. Moving forward requires coordinated reforms, institutional efficiency, and a renewed commitment to refugee self-reliance. Unlocking work rights is not just a legal necessity; it is an economic, social, and humanitarian imperative. When refugees are able to work, they support their families, contribute to national development, and strengthen the social fabric of Kenya. Advancing policy reform in a way that is not only enacted but also experienced and felt by refugees is a critical step toward ensuring dignity, opportunity, and meaningful inclusion for all.

By; Rony Alal