Access to Justice
Experience has shown that Alternative Dispute Resolution (ADR) components especially mediation tend to conclude cases faster than the traditional legal representation. Further, Article 159(2)(c) of the Constitution of Kenya recognises ADR and encourages it as a form of dispute resolution to be applied by courts. As a result, the primary thrust of this programme will be ADR, self representation (training litigants to effectively represent themselves in court), and public interest litigation (PIL). Legal aid provisioning in partnership with University based Legal clinics, grassroots organisations working with the target groups and other social justice institutions will be a secondary thrust. Without compromising on the quality of justice accessed to the poor, minority, and marginalized groups, the AJP will emphasize on the speed of delivering justice. Apart from promoting the ‘quick justice’ measures on the demand side, we shall also engage with the supply side of the justice sector through established mediation institutions and the Court Annexed Mediation.
Further, contrary to the ordinary practice where organisations pursue PIL cases up to judgment stage, we will process our cases from the inception stage to the implementation of the judgment through policy, legislative and practice change. This will be achieved through strategic collaborations with the policy makers and the media.
Public Interest Litigation (PIL)
This will be AMKA’s flagship intervention. We expect to use this litigation approach to fill in gaps in policy and law, to align domestic laws to international standards, and to increase pro minority and marginalised sensitivity in our legal system.
The Pro bono scheme
AMKA will partner with university legal clinics and specific law firms to provide free legal services. We expect to initiate an active data base of pro bono lawyers and legal clinics who will be contacted to provide their expertise in inter alia, PIL, mediation and training in self representation clients.