An Analysis of epistolary jurisdiction as a viable means of access to justice for Kenyans

Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law SchoolAccess to justice consists of the dispute resolution mechanisms which are affordable, within reach and ensure justice without undue delay and whose processes and procedures are understood by anyone seeking redress from the courts. 1 Consequently, this population as a whole might not easily access justice; there is need for mechanisms through which they can seek redress aside from the formal justice system. The situation in Kenya right now does not allow for the easy commencement of court proceedings without the usual rigorous process that comes before it. This process, as outlined in the Civil Procedure Rules under order 3, is very hard to understand for the average Kenyan and often discourages most if not all people who cannot understand the process of starting proceedings. Tills is one of the reasons why Epistolary Jurisdiction would be a welcome approach for access to justice. It will ensure that justice for all is sought according to the Article 22 (1) which talks about the right of every person to institute court proceedings based on the claim that a right or fundamental freedom has been infringed, 2 and that the system accommodates the poor in society as well which is in accordance with Article 22 (3)(b) which allows for the Chief Justice to make rules providing for court proceedings under clause (1) which minimize formalities relating to the commencement of proceedings. Moreover, without equal access to justice, the poor are unable to seek redress against those who wrong them. This is very dangerous as a lot of these people are pushed into an endless cycle of unfair treatment. This further weakens their ability to seek redress, as the lack of a means to justice almost becomes the norm and is dealt with in the silence of homes, never to be spoken o