REFUGEE INCLUSION BEGINS WITH MENTAL WELLBEING

As Eastern Africa moves towards more inclusive refugee policies, one question is becoming increasingly important: what does it take for refugees not only to access work, but to thrive in it? The Refugee Access to Work and Inclusion – Eastern Africa (RAWI-EA) initiative seeks to answer this by bringing together governments, civil society, the private sector and development partners to remove barriers to refugee employment and economic participation. Yet one critical barrier often receives too little attention; mental health and psychosocial wellbeing. If refugees are to rebuild their lives through work, Mental Health and Psychosocial Support Services (MHPSS) must be recognised as an essential pillar of inclusion, not an optional add-on.

For millions of refugees, displacement is more than the loss of a home. It often means losing livelihoods, professional identities, community support systems and hope for the future. While legal reforms and livelihood programmes are expanding opportunities for refugees to work, the psychological impact of displacement can continue to limit their ability to seize those opportunities. Economic inclusion and mental wellbeing are therefore inseparable.

International and national legal frameworks already recognise refugees’ right to work. The 1951 Refugee Convention guarantees access to gainful employment, self-employment and professional practice, while Kenya’s Refugees Act, 2021 provides a legal basis for refugee protection and documentation. The Shirika Plan further seeks to transition refugees from long-term dependency towards self-reliance by integrating them into local economies. These commitments are reinforced by the UN Sustainable Development Goals, particularly SDG 8 on decent work and economic growth, and the International Labour Organization’s vision of decent work that promotes freedom, equity, security and human dignity.

Despite these progressive frameworks, many refugees continue to encounter significant barriers to employment. Restrictions on labour market access, limited recognition of academic and professional qualifications, language barriers, discrimination and inadequate opportunities for skills development continue to hinder meaningful participation in the economy. These challenges are often compounded by unresolved trauma and psychological distress resulting from conflict, displacement and prolonged uncertainty.

Decent work provides much more than an income. It restores dignity, purpose and self-worth. Employment enables refugees to support their families, regain independence, strengthen social connections and contribute positively to their host communities. It can reduce stress, improve resilience and foster a renewed sense of identity after displacement.

Conversely, prolonged unemployment or exclusion from economic opportunities can have profound mental health consequences. Chronic stress, anxiety, depression, hopelessness, social isolation and increased family conflict often accompany prolonged dependency. For refugees already coping with the trauma of forced displacement, these additional pressures can further undermine their wellbeing and reduce their capacity to participate in education, entrepreneurship or employment.

RAWI-EA recognises that improving refugee access to work requires collaboration across multiple sectors. Through its communities of practice, including policy and legal advocacy, employer engagement, public awareness and digital advocacy, coalition mobilisation and Friends of RAWI, the initiative is helping to create a more enabling environment for refugee inclusion. Integrating Mental Health and Psychosocial Support Services across these pillars would significantly strengthen the initiative’s impact by addressing both the visible and invisible barriers to economic participation.

Across the partnership, organisations bring complementary expertise that can support integrated programming. Combining livelihood initiatives with psychosocial support has already demonstrated promising outcomes. Skills training accompanied by group counselling, entrepreneurship programmes incorporating trauma-informed coaching, cash-for-work initiatives linked to psychosocial services, and community savings groups strengthened through peer support all contribute to improved mental wellbeing alongside increased economic participation. These integrated approaches are consistent with the Inter-Agency Standing Committee (IASC) Guidelines on Mental Health and Psychosocial Support in Emergency Settings.

Evidence continues to reinforce this approach. A study by the United Nations High Commissioner for Refugees (UNHCR) highlights the strong connection between employment and refugee mental health, finding that access to work restores purpose, dignity and social connection while reducing anxiety, depression and prolonged dependency. The study also notes that integrating Mental Health and Psychosocial Support Services (MHPSS) into livelihood interventions strengthens both psychosocial recovery and economic outcomes, creating a virtuous cycle in which wellbeing and self-reliance reinforce one another. For more information, see A Data-Driven Look at How Promoting Employment Fosters Refugee Mental Health: https://www.unhcr.org/blogs/a-data-driven-look-at-how-promoting-employment-fosters-refugee-mental-health/.

For governments, employers, humanitarian organisations and development partners, this presents an important policy lesson. Expanding refugee access to work should not focus solely on labour market reforms or skills development. It should also include investments in mental health services that enable refugees to heal, rebuild confidence and sustain productive livelihoods. A refugee who is psychologically supported is more likely to secure employment, remain economically active, contribute to local development and build positive relationships within host communities.

As Eastern Africa advances its vision of refugee inclusion, RAWI-EA has an opportunity to demonstrate regional leadership by championing a holistic model of economic inclusion, one that recognises mental health as a foundation for decent work rather than an afterthought. Integrating MHPSS across refugee employment programmes will not only improve individual wellbeing but also strengthen social cohesion, reduce long-term dependency on humanitarian assistance and contribute to more resilient communities.

Refugees do not simply need jobs; they need the opportunity to recover, regain confidence and realise their full potential. By placing mental health alongside the right to work, RAWI-EA can help shape a future where refugee inclusion is measured not only by employment statistics, but by people’s ability to live with dignity, contribute meaningfully to society and thrive.

By Alice Kwenda, Psycho-Social Counsellor, Kituo Cha Sheria

WHY KITUO’S NEW STRATEGIC DIRECTION MATTERS NOW

For over five decades, Kituo Cha Sheria has been synonymous with access to justice in Kenya. Since its establishment in 1973, the organisation has stood with those who would otherwise have no voice in the justice system, representing families facing eviction, defending the rights of refugees, championing labour rights, securing landmark constitutional judgments, and providing legal aid to thousands of poor and marginalized people. This work has shaped Kenya’s legal landscape and demonstrated that justice should never depend on one’s ability to pay.

The impact of Kituo’s previous strategic plan reflects this legacy. Over the last five years, the organisation provided legal advice and support to more than 36,000 people, supported nearly 25,000 refugees, asylum seekers and internally displaced persons, reached close to 10,000 people through advocacy and paralegal initiatives, established more than 26 Social Justice Centres, expanded legal aid clinics across the country, strengthened partnerships with justice institutions, and continued to secure landmark public interest litigation that advanced constitutional rights and government accountability.

These achievements are significant. They demonstrate that legal aid changes lives, protects rights, and remains an indispensable pillar of access to justice. Yet, as Kituo reflected on the implementation of the previous strategy and undertook research on legal empowerment in Kenya and beyond, another reality became increasingly evident. While legal aid addresses immediate legal needs, it cannot, on its own, eliminate the structural barriers that continually produce injustice. Every successful court case is often followed by hundreds of similar disputes because the underlying causes remain unresolved.

Guests and members of the Kituo Board of Directors pose for a photo holding copies of the Strategic Plan during its official launch.

The research pointed to an important conclusion: the greatest and most sustainable justice outcomes occur when people are not merely recipients of legal services but active participants in solving their own justice problems. Communities that understand their rights, know where to seek remedies, can engage public institutions, and influence laws and policies are better equipped to prevent violations before they occur. Legal empowerment, therefore, emerged not simply as another programme approach, but as one of the most effective pathways towards achieving people-centred justice.

“Our research in Kenya and beyond affirmed what we have witnessed throughout Kituo’s 53-year journey: legal aid is indispensable, but lasting justice is achieved when people are empowered to understand their rights, navigate justice systems, and influence the decisions that affect their lives. That evidence informed our Strategic Plan 2026–2030 and our commitment to advancing people-centred justice through legal empowerment, ensuring that communities not only access justice, but become active participants in creating it.” Mr. Justus Munyithya, Chairperson, Board of Directors

This evidence comes at a time when the justice landscape is changing rapidly. Kenya today faces widening inequality, increasing economic hardship, shrinking civic space, climate-related displacement, technological transformation, governance challenges, and growing pressure on public institutions. Poor and marginalized communities continue to face multiple barriers to justice, including high legal costs, limited legal awareness, delays in court processes, geographical inaccessibility, discrimination, and weak institutional accountability. These realities require responses that extend beyond courtroom representation.

Recognising these emerging challenges, Kituo’s Strategic Plan 2026–2030 shifts its emphasis towards advancing people-centred justice for all in Kenya and beyond. This is not a departure from legal aid, nor does it diminish the importance of strategic litigation or legal representation. Rather, it builds upon five decades of experience and evidence by placing greater emphasis on ensuring that people themselves become central actors in the pursuit of justice.

Kituo Cha Sheria Executive Director, Dr. Wambua Kituku, addresses guests during the official launch of the Strategic Plan 2026–2030 at the Kituo Grounds.

People-centred justice begins with a simple but transformative idea: justice should respond to the everyday problems people face, not merely the procedures of legal institutions. It asks whether people can resolve disputes fairly, obtain essential documentation, secure their land rights, access public services, challenge abuse of power, and meaningfully participate in decisions that affect their lives. Success is therefore measured not only by judgments delivered in courtrooms but by stronger communities, more accountable institutions, and citizens who can confidently exercise and defend their rights.

“Legal aid helps people solve today’s legal problems, but legal empowerment equips them to prevent tomorrow’s injustices. Over the years, we have learned that sustainable justice is achieved not only by representing people in court, but by enabling them to know the law, use the law, and shape the law. That is the foundation of people-centred justice.” Mr. John Mwariri, Legal Aid and Empowerment Coordinator, Kituo Cha Sheria

The new Strategic Plan therefore integrates legal empowerment across every area of Kituo’s work. Whether addressing land and climate justice, governance and the rule of law, migration, economic and social justice, or legal aid itself, the common thread is strengthening people’s capacity to know the law, use the law, and shape the law. Communities are no longer viewed simply as beneficiaries of legal services but as partners capable of identifying justice challenges, demanding accountability, influencing policy, and contributing to lasting institutional change.

This integrated approach also reflects a deeper understanding that injustice does not occur in isolation. A family displaced by climate change may simultaneously face land disputes, loss of livelihoods, lack of identity documents, barriers to healthcare, and exclusion from decision-making. Refugees navigating asylum procedures often encounter employment, housing, education, and documentation challenges at the same time. Addressing these realities requires legal aid, certainly, but also legal education, community organising, policy advocacy, research, strategic communication, alternative justice systems, and strong community paralegal networks working together. That is precisely the model Kituo now seeks to strengthen over the next five years.

Guests, Kituo Board members, and staff pose for a group photo following the official launch of the Strategic Plan 2026–2030 at the Kituo Grounds.

Ultimately, the Strategic Plan represents an evolution rather than a change in direction. Kituo is building on the success of its legal aid legacy while responding to new evidence about what creates lasting justice. The goal is no longer simply to help people solve today’s legal problem, but to equip them with the knowledge, confidence, networks, and opportunities to prevent tomorrow’s injustice.

As Kenya and the wider region navigate increasingly complex social, economic, environmental, and governance challenges, this shift could not be more timely. Legal aid remains essential, but legal empowerment ensures that justice extends beyond the courtroom and into people’s everyday lives. By placing communities at the centre of justice, Kituo’s new Strategic Plan offers a vision in which justice is no longer something delivered to people, but something they actively participate in creating, protecting, and shaping for generations to come.

By Rony Alal
Communications Officer, Kituo Cha Sheria

WHAT ALTERNATIVE JUSTICE SYSTEMS NEED TO SUCCEED

Two weeks ago, I had the privilege of attending the 4th Annual Alternative Justice Systems (AJS) Conference in Embu, which brought together sixteen Chief Justices from across Africa, alongside judges, legal practitioners, policymakers, researchers, and other justice sector actors to explore how Alternative Justice Systems can expand access to justice across the continent. One message echoed throughout the discussions: Kenya’s courts continue to grapple with a significant backlog of cases, and Alternative Justice Systems offer a practical, culturally relevant, and community-driven approach to resolving many disputes outside the formal court process.

Kenya’s Constitution deserves immense credit for recognizing Alternative Justice Systems as a legitimate pathway to justice. It acknowledges that not every dispute must find its way into a courtroom. For generations, communities have settled disagreements through mediation, negotiation, reconciliation, and other traditional dispute resolution mechanisms. If fully implemented, Alternative Justice Systems can significantly bridge the access to justice gap. Family disputes, succession matters, land boundary disagreements, neighbourhood conflicts, and other community-based disputes can often be resolved faster, at a lower cost, and in ways that preserve relationships rather than destroy them.

However, as inspiring as the conversations around AJS were, one important reality stood out. Alternative Justice Systems were never intended to replace the Constitution or the formal justice system. Their role is complementary, not substitutive. Criminal offences, constitutional disputes, and human rights violations cannot simply be negotiated away through traditional forums. Such matters require the protection and authority of the law.

That is why the conversation on access to justice cannot stop at Alternative Justice Systems. The missing link is the legal empowerment. If we truly want to close the justice gap, we must shift from only teaching people how to resolve disputes to also teaching them how to avoid disputes in the first place. Prevention, after all, is better than cure.

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

This is why we need a people-centred justice approach that equips individuals and communities with the knowledge, confidence, and tools to know the law, use the law, and shape the law. It is about making justice part of everyday life, rather than something people only encounter when they have a legal problem.

Imagine communities where parents understand children’s rights before family conflicts arise. Where spouses know the legal implications of marriage, divorce, succession, and matrimonial property before disagreements escalate. Where tenants understand housing laws, workers know their labour rights, entrepreneurs appreciate their legal obligations, and young people understand how to protect themselves from exploitation and abuse. Many of the disputes clogging our courts would never arise.

Across Kenya, countless legal problems begin with a lack of information. People unknowingly sign exploitative agreements, dispose of family property without understanding succession laws, violate employment rights, or unknowingly infringe on the rights of others. By the time they seek legal assistance, relationships have broken down, resources have been lost, and disputes have become expensive and time-consuming to resolve.

When people understand the law, they make better decisions. They identify injustice early. They seek help before conflicts escalate. They become less vulnerable to exploitation, corruption, discrimination, and abuse. More importantly, they become active participants in building a society that values justice and respects the rule of law.

This is why legal empowerment should be the foundation upon which Alternative Justice Systems operate.When one legally empowered person shares that knowledge with family members, neighbours, or colleagues, the impact spreads far beyond one individual. Communities become capable of solving problems lawfully, preventing conflicts before they occur, and empowering others to do the same. That is the essence of people-centred justice.

Alternative Justice Systems are undoubtedly life-changing. They save relationships, time, money, and dignity. They make justice more accessible, affordable, and culturally relevant. They allow communities to resolve disputes in ways that promote healing instead of hostility.

The future of access to justice in Kenya lies not only in resolving disputes differently but also in preventing disputes through legal awareness. We must invest in communities that understand their rights, appreciate their responsibilities, and have the confidence to engage with the law constructively.

Before we teach people how to resolve disputes, let us first teach them how to avoid them. By legally empowering people to know the law, use the law, and shape the law, we will not only strengthen Alternative Justice Systems but also build a more informed, just, and peaceful society for generations to come.

By Rony Alal
Communications Officer, Kituo Cha Sheria

KITUO CHA SHERIA UNVEILS STRATEGIC PLAN 2026–2030 TO ADVANCE PEOPLE-CENTRED JUSTICE

On 19 June 2026, Kituo Cha Sheria reached a defining moment in its 53-year journey of championing justice by officially launching its Strategic Plan 2026–2030 under the theme, “Advancing People-Centred Justice for All in Kenya and Beyond.” The new strategy sets an ambitious course for the organisation’s work over the next five years, strengthening its commitment to ensuring justice is accessible, inclusive, and responsive to the needs of poor and marginalized communities.

The launch brought together distinguished leaders and stakeholders from Kenya’s justice sector, reflecting the broad partnerships that have shaped Kituo’s work over the years. Among those in attendance were Law Society of Kenya – Nairobi Branch President Eric Kivuva, FIDA Kenya Executive Director Sophie Kaibiria, Mr. Andrews Kananga from the African Centre of Excellence for Access to Justice, Mary Airo of the Paralegal Society of Kenya, Akingbolahan Adeniran of the African Alliance for People-Centered Justice (AAPCJ), Vivek Maru CEO of Namati, alongside representatives from the Parliament of Kenya, the Judiciary, the Office of the Director of Public Prosecutions (ODPP), civil society organisations, development partners, and other justice sector actors.

Guests, Kituo Board members, and staff pose for a group photo with copies of the Strategic Plan during its official launch at the Kituo Grounds.

Building on more than five decades of legal empowerment, public interest litigation, policy advocacy, community paralegalism, and research, the Strategic Plan responds to emerging justice challenges while reinforcing Kituo’s enduring mission of advancing legal empowerment, access to justice, and human rights for all. The strategy recognises the evolving realities facing communities, including climate change, forced migration, economic inequality, governance challenges, shrinking civic space, and rapid technological transformation, all of which continue to shape access to justice across Kenya and the region.

Kituo Board Chairperson, Mr. Justus Munyithya, delivers his remarks during the official launch of the Strategic Plan at the Kituo Grounds.

At the heart of the Strategic Plan are six interconnected strategic focus areas that will guide Kituo’s work through 2030:

  • Land, Environmental and Climate Justice – Promoting environmental rights, protecting community land, and advancing climate justice through legal empowerment and advocacy.
  • Governance Justice and Rule of Law – Strengthening constitutionalism, accountability, public participation, and access to justice.
  • Migration Justice and Governance – Protecting the rights of refugees, asylum seekers, internally displaced persons, and other vulnerable migrants while promoting durable and inclusive solutions.
  • Legal Aid and Empowerment – Expanding access to legal aid, public interest litigation, legal empowerment, community paralegalism, and Alternative Justice Systems (AJS).
  • Economic and Social Justice – Advancing the protection of labour, housing, health, education, and other socio-economic rights for vulnerable communities.
  • Organisational Development and Sustainability – Strengthening institutional capacity, innovation, partnerships, resource mobilisation, and organisational resilience to deliver lasting impact.
Participants follow the proceedings during the official launch of the Strategic Plan at the Kituo Grounds.

These focus areas reflect Kituo’s belief that justice challenges are interconnected and require integrated, community-driven solutions. Through this Strategy, the organisation will continue delivering legal aid and education, strengthening community paralegalism, pursuing strategic public interest litigation, generating evidence through research, influencing policy, expanding public legal awareness, fostering innovation, and building partnerships that place communities at the centre of justice systems.

The Strategic Plan also positions Kituo to respond to emerging justice issues through innovation, technology, evidence-based programming, and stronger collaboration with state institutions, civil society organisations, academia, grassroots movements, and development partners. By strengthening these partnerships, Kituo aims to expand access to legal aid, enhance public legal awareness, improve documentation of human rights violations, and support inclusive participation in governance and justice processes.

FIDA Kenya Executive Director Sophie Kaibiria leads the official launch of the Self-Representation Manual for Small Claims Court Litigants during the Strategic Plan launch at the Kituo Grounds.

Alongside the launch of the Strategic Plan, Kituo also unveiled the Self-Representation Manual for Small Claims Court Litigants, a practical resource designed to strengthen access to justice for everyday Kenyans navigating the justice system without legal representation. Developed with support from UNDP Amkeni Wakenya, the Manual provides clear, simplified guidance to help litigants confidently present their cases before Small Claims Courts. By breaking down legal procedures into easy-to-understand steps, the publication advances legal empowerment and makes justice more understandable, accessible, and usable at the grassroots level. The Manual exemplifies the vision of the Strategic Plan by advancing people-centred justice through innovation, legal aid, and community empowerment, while reducing barriers to justice and promoting the timely resolution of disputes.

Guests and members of the Kituo Board of Directors pose for a photo holding copies of the Self-Representation Manual for Small Claims Court Litigants during its official launch.

As Kituo embarks on implementing the Strategic Plan 2026–2030, the organisation remains committed to working alongside communities, justice institutions, civil society, government, development partners, and regional actors to address emerging human rights challenges and expand access to justice. Guided by its vision of a just, fair, and equitable society, Kituo will continue empowering people to know the law, use the law, and shape the law, ensuring that people-centred justice transforms lives and communities across Kenya and beyond.

By Rony Alal
Communications Officer, Kituo Cha Sheria

HIGH COURT DECLARES STATE VIOLATED RIGHTS OF KENYAN MIGRANT WORKERS, ORDERS SWEEPING LABOUR MIGRATION REFORMS

The High Court of Kenya has declared that the Government violated the constitutional and human rights of Kenyan migrant workers in the Middle East and ordered comprehensive reforms to strengthen their protection.

In this landmark public interest petition filed by Kituo Cha Sheria on behalf of victims of labour migration abuses, the Court directed stronger regulation of recruitment agencies, enforcement of the legal framework governing foreign employment, and the development of a comprehensive Labour Migration law and a harmonised national labour migration policy.

The petition, Constitutional Petition No. E038 of 2023, was filed on 25 February 2023 before the Employment and Labour Relations Court in Nairobi. It challenged the State’s failure to protect Kenyan migrant workers from modern-day slavery, human trafficking, exploitation, violence, torture, abuse and deaths in Middle East countries, while seeking accountability for violations committed against migrant workers.

The matter was heard before Lady Justice Jemimah Keli, who delivered judgment on 19 June 2026, holding that the petition had merit and that the State had failed in its constitutional obligation to protect Kenyan migrant workers.

In her judgment, Justice Keli declared that Kenyan migrant workers and victims of labour migration abuses are entitled to effective protection by the State against modern-day slavery, human trafficking, violence, physical injury, threats, deportation, rape, death and other human rights violations. The Court found that the Government had neglected and abdicated this constitutional responsibility.

The Court further held that the failures and omissions of the State violated the petitioners’ legitimate expectation of accountability, as well as their constitutional rights to life, human dignity, freedom from slavery and servitude, freedom from torture, access to information and fair labour practices.

Among the key orders issued, the Court directed the Ministry of Labour, the Kenya National Employment Authority, the Ministry of Foreign Affairs, the Directorate of Immigration and other relevant State agencies to strictly enforce existing laws governing foreign contracts of service by requiring recruitment agencies to deposit security bonds. The Court also ordered an immediate fresh vetting of all local employment recruitment agencies to strengthen oversight and accountability within Kenya’s labour migration system.

Recognising the existing policy and legislative gaps, the Court directed that the judgment be transmitted to the Office of the Attorney General for consideration in developing a comprehensive Labour Migration law and a harmonised national labour migration policy to better safeguard Kenyan migrant workers.

The Court further ordered the Government to repatriate, at State expense, the body of the late Lucy Wambui Ng’ang’a, one of the victims whose death formed part of the petition, and recommended that the Kenya National Commission on Human Rights follow up on investigations into her death and other unexplained deaths of Kenyan migrant workers in the Middle East.

While declining to award monetary compensation, the Court held that the declarations and orders issued sufficiently vindicated the constitutional rights of the petitioners, noting that the case was brought in the broader public interest to protect all Kenyan migrant workers rather than only the individual petitioners. Each party was ordered to bear its own costs.

The judgment marks one of Kenya’s most significant judicial pronouncements on labour migration and reinforces the State’s constitutional duty to protect citizens working abroad. It also provides a clear roadmap for reforms aimed at strengthening governance, accountability and protection within Kenya’s labour migration framework.

Read the full judgment: https://kituochasheria.or.ke/wp-content/uploads/2026/07/Judgement-for-middle-east.pdf

By Rony Alal
Communications Officer, Kituo Cha Sheria

BRIDGING JUSTICE GAPS THROUGH COMMUNITY VOICES, DATA AND INNOVATION

Justice systems are being called upon to answer a fundamental question: is justice truly achieved when a dispute is concluded, or when people’s lives, relationships, and communities are transformed? Across many communities, justice is experienced not only through court decisions but also through restored relationships, peaceful coexistence, dignity, and solutions that respond to everyday realities. This requires a broader understanding of justice, one that goes beyond the number of cases filed or concluded and focuses on whether people are heard, empowered, and able to access meaningful remedies.

At a time when justice systems across the world are increasingly challenged to respond to complex social realities, understanding who remains excluded, where justice gaps persist, and what interventions create lasting impact requires more than statistics. It requires listening to communities, analysing evidence, and recognising people as active participants in shaping justice solutions.

This is where Alternative Justice Systems (AJS) continue to play a critical role. By providing accessible, participatory, and community-driven approaches to resolving disputes, AJS offer important pathways for addressing justice gaps and ensuring that justice systems respond to the needs of the people they serve. However, strengthening these systems requires more than recognition; it requires evidence, lived experiences, innovation, and collaboration to understand what works and how justice outcomes can be measured.

These conversations formed part of the 4th Annual Alternative Justice Systems (AJS) Conference at Embu University, where Kituo Cha Sheria contributed to discussions drawing from decades of experience in legal empowerment, community justice, and advocacy for accessible and responsive justice systems. Through panel discussions, Movement Assemblies, and thematic convenings, Kituo shared perspectives on the role of data, community participation, paralegalism, technology, and Alternative Justice Systems in addressing justice gaps and strengthening people-centred pathways to justice.

Measuring Justice beyond Access

A key conversation during the conference focused on how justice should be measured. While traditional justice indicators have often focused on case numbers, disposal rates, and efficiency, stakeholders reflected on the need to examine whether justice processes are actually improving people’s lives, restoring relationships, and addressing the challenges communities face.

Our Executive Director, Dr. Wambua Kituku (far left), participates in a panel discussion on Measuring Justice Realization and Justice Gaps during the AJS Conference in Embu.

Kituo Cha Sheria Executive Director, Dr. Wambua Kituku, participated in a panel discussion on “Measuring Justice Realization and Justice Gaps,” where he highlighted the importance of moving beyond access to justice and focusing on meaningful justice outcomes.

Dr. Kituku emphasised that understanding justice needs requires reliable evidence that captures the experiences of communities, including those who remain excluded from formal justice pathways. He highlighted the need for stronger collaboration with institutions like the Kenya National Bureau of Statistics (KNBS) to integrate justice needs data into national census and survey processes.

“Access to justice is only the beginning. We must also understand whether justice is reaching those who need it most, whether their challenges are being addressed, and whether the solutions provided are improving their lives. Working with institutions like KNBS to integrate justice needs data into national census and survey processes is essential in identifying who is being left behind, where justice gaps exist, and how we can develop more responsive and inclusive justice solutions,” Dr. Kituku, Executive Director, Kituo Cha Sheria.

Dr. Wambua Kituku, during a panel discussion at the AJS Conference in Embu.

Drawing from Kituo’s work across Kenya, data must be complemented by community experiences. Understanding how people experience justice challenges on the ground is critical in shaping legal empowerment programmes and ensuring that justice interventions respond to real needs rather than assumptions.

Community-Centred Solutions for Land Justice

The role of community participation in justice delivery was further explored through discussions on Land Justice, where Programme Officer Patricia Nekoye highlighted the importance of equitable access to land, inclusive dispute resolution, and the contribution of Alternative Justice Systems in addressing land-related conflicts.

Our Programme Officer, Patricia Nekoye, participates in a panel discussion on Land Justice during the AJS Conference in Embu.

Land disputes often involve more than legal claims; they affect livelihoods, family relationships, identity, and community stability. Through community-based approaches, AJS provides opportunities for disputes to be resolved in ways that promote dialogue, participation, and peaceful coexistence.

“Land disputes are often about more than ownership; they affect livelihoods, identity, and community cohesion. Alternative Justice Systems provide an opportunity to resolve these conflicts in ways that promote fairness, participation, and lasting peace,” Patricia Nekoye, Programme Officer, Kituo Cha Sheria.

Strengthening Justice through Community Paralegals

Communities cannot meaningfully participate in justice processes without knowledge, support, and access to information. This is why community paralegals remain central to advancing people-centred justice, particularly for marginalised populations.

During discussions on Social Justice and Paralegalism, Programme Officer Joy Nasike highlighted the critical role of community paralegals in bridging the gap between communities and formal legal systems through legal awareness, rights education, and support in resolving disputes. She noted that through its legal empowerment approach, Kituo equips paralegals and communities with knowledge and skills to better understand their rights, navigate justice systems, and advocate for solutions that respond to their realities.

“Community paralegals are the bridge between the law and the people. By equipping communities with legal knowledge and support, we empower them to know the law, use the law, and shape the law; enabling individuals to understand their rights, seek remedies, participate in justice processes, and resolve disputes before they escalate,” Joy Nasike, Programme Officer, Kituo Cha Sheria.

Our Programme Officer, Joy Nasike, participates in a panel discussion on Social Justice and Paralegalism during the AJS Conference in Embu.

For Kituo, community paralegalism remains a key pillar of legal empowerment, enabling communities to participate actively in justice processes and advocate for solutions that reflect their realities.

Harnessing Technology to strengthen AJS

As justice systems continue to evolve, technology presents new opportunities to improve access, documentation, coordination, and knowledge sharing. However, innovation must remain grounded in the needs of communities and complement existing justice mechanisms.

During discussions on Technology in Alternative Justice Systems, Jimmy Sayi explored how digital tools can strengthen justice delivery through improved case management, documentation, information sharing, and wider public engagement.

“Technology should not replace community-based justice; it should strengthen it. Digital tools can improve documentation, case management, knowledge sharing, and public engagement, making justice systems more accessible and responsive to the needs of the people they serve,” Jimmy Sayi, Programme Officer, Kituo Cha Sheria.

Our Programme Officer, Jimmy Sayi (far left), participates in a panel discussion on Technology in Alternative Justice Systems during the AJS Conference in Embu.

Strengthening Alternative Justice Systems requires a combination of evidence, community knowledge, innovation, and collaboration. While measuring cases resolved remains important, the true impact of justice is also reflected in restored relationships, empowered communities, and solutions that prevent future conflicts.

The future of justice requires systems that do not only respond when disputes arise but also understand the conditions that create justice gaps and develop approaches that address them. AJS provides an opportunity to build justice pathways that are accessible, inclusive, and connected to the realities of communities.

By Rony Alal
Communications Officer, Kituo Cha Sheria

Until Everyone Is Safe: Why Refugee Inclusion in Kenya Cannot Wait

Each year, World Refugee Day gives us an opportunity to reflect on the lives behind one of the most urgent human rights issues of our time. It is a moment to consider the plight of people forced to flee conflict and persecution, the responsibility of host countries, institutions, and communities to ensure that protection is matched by dignity.

For decades, and in the African spirit of “Ubuntu” Kenya has opened its borders to people escaping war, political instability, and humanitarian crises across the region and globally. This history of hospitality is one we should take seriously. It reflects a long-standing commitment to shared humanity and regional solidarity. But it also places before us a difficult question: what does meaningful protection look like when displacement is no longer temporary, but prolonged and, in many cases, intergenerational?

This year’s World Refugee Day theme, “Until everyone is safe,” requires us to confront that question honestly. Safety cannot be understood narrowly as physical escape from danger. Safety also means access to rights, services, to opportunity, and to the legal recognition necessary to live with dignity. A refugee who is protected from immediate harm but denied the ability to work, move freely, access documentation, or build a stable future remains in a state of insecurity.

That is the lived reality for many refugees in Kenya today.

Traditional durable solutions are shrinking by the day. Resettlement opportunities remain limited. Voluntary repatriation is equally untenable for many because conditions in countries of origin are still not conducive for safe, dignified, and sustainable return. Where conflict, political instability, and insecurity persist, return cannot be treated as an immediate or realistic answer.

This leaves many refugees in a prolonged state of waiting-waiting for their countries of origin to become stable, waiting for resettlement opportunities, or waiting to be integrated into their host countries. Yet none of these options seem to be certain.

At the same time, the humanitarian response is changing. Under differentiated assistance models, food and basic support are increasingly being targeted at the most vulnerable. That may reflect funding pressures and operational realities, but it also raises an urgent policy question: what happens to the many refugees who will receive reduced assistance or no basic assistance at all, yet administrative barriers to self-reliance still persist? If support is shrinking, then the legal and administrative barriers to self-reliance must also be reduced.

This means recognising that people who are expected to meet more of their own needs must also be given a fair opportunity to do so. A system that reduces assistance while maintaining barriers to livelihoods only deepens hardship and is likely to lead to compounded humanitarian crises.

Kenya has already begun important conversations on refugee inclusion, and those efforts should continue with greater urgency. The longer displacement lasts, the less sense it makes to rely on frameworks designed for short-term emergencies. Refugees are already part of Kenya’s social and economic fabric. They contribute to local economies, support households, and participate in community life in ways that are too often ignored in public debate.

When refugees are denied pathways to self-reliance, the result is dependency, frustration, and lost human potential. By contrast, when people have the legal space to work, study, move, and organise their lives, they are better able to contribute meaningfully to the communities around them. Kenya has already taken important steps in this direction. Its legal and policy framework has continued to evolve, and there is growing recognition that refugee protection must include social and economic inclusion. That shift is important. But progress on paper must translate into progress in daily life. Rights must be felt in refugee camps, in urban settlements, in schools, in places of work, in public offices, and in every other space where refugees interact with the State and society.

Legal recognition means little if a person cannot enforce their rights, challenge unlawful treatment, or navigate the systems that govern their daily life. Any serious conversation about reform must place refugee voices at the centre. Refugee-Led Organizations bring knowledge that no outside actor can replicate. They understand the barriers because they live them. They understand what works because they have had to navigate systems that were not built with them in mind. Policy design, legal reform, and implementation efforts will be stronger, more legitimate, and more effective when refugees are recognised as leaders in shaping the solutions that affect their lives.

World Refugee Day should therefore be a point of accountability that pushes all of us, government, civil society, development actors, and the public to ask whether our laws, institutions, and attitudes reflect the reality of prolonged displacement and the demands of human dignity.

For Kenya, the challenge is to ensure that protection is meaningful. A system that keeps people safe from immediate harm but trapped in indefinite uncertainty cannot be the endpoint of our response. Refugees need safety. But they also need recognition, opportunity, and a fair chance to build a life.

That is the work ahead. On this World Refugee Day, we recommit ourselves and say: until everyone is safe, our obligation is to shelter, to uphold dignity, expand inclusion, and ensure access to justice.

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