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Nairobi — The European Union has committed Sh4.5 billion for the second phase of the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD II) according to the High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell.
Borrell, who spoke Friday at the launch of the programme with Chief Justice Martha Koome at the Makadara Law Courts in Nairobi, said PLEAD is the biggest EU justice programme in sub-Saharan Africa.
PLEAD II will take effect later this year and will run up to 2028.
“PLEAD has initiated transformative criminal justice reforms in Kenya, delivered key support to judicial institutions and allowed to develop an extensive offer of legal aid services to vulnerable and marginalised citizens,” Borrell affirmed.
He explained that the new phase will give focus on capacitating the criminal justice system to fight corruption more effectively and on harnessing the potential of digital technologies to improve access to justice, in particular for the most vulnerable.
“In the upcoming months, together with the Judiciary, our teams from the EU, UNODC, UNDP and civil society stakeholders will work together to pave the way forward for better access to justice and improved fight against corruption in Kenya.”
Speaking at the launch, Chief Justice Koome said the second phase builds on the successes of PLEAD I, which mounted a transformative programme aimed at improving the delivery of justice.
The programme enabled enhanced access to justice especially for the poor and vulnerable, through provision of legal aid. The initiative also strengthened court administration and case management, increased the quality and efficiency in the criminal justice system and improved cooperation throughout the justice sector.
“We have seen significant improvement in institutional effectiveness and performance by the various actors in the justice sector. The support from the PLEAD I programme enabled the actors within the justice sector to continue delivering services despite the challenges brought by the COVID-19 pandemic,” she emphasised.
The support under PLEAD I contributed towards ensuring collaborative and consultative approach among member agencies under the National Council on the Administration of Justice (NCAJ) that enhanced access to justice.
Key achievements included the multi-agency response to COVID 19, development of policy including the diversion Policy and the plea-bargaining guidelines. PLEAD support also strengthened Court User Committees, and development of the NCAJ Strategic Plan 2021-2026.
CJ Koome explained that aspirations that motivate the PLEAD programme resonate with the Social Transformation through Access to Justice vision of the Judiciary, which is geared towards attaining outcomes that will improve institutional performance and deepen access to justice to all, especially the vulnerable in the society.
“The vision puts people at the centre of our service delivery. Put differently, we are aiming at developing a people-centred justice system that is focused on people’s needs thus reinforcing the idea of justice as a public service.”
She added that the vision offers a roadmap for developing a judicial system that is efficient, accessible, expeditious, fair and cost-effective in service delivery.
“The identified priority areas under the vision include clearing case backlog, improving access to justice by increasing avenues for accessing justice, digitisation of the Judiciary operations and processes, enhancing public confidence in the justice system and improving co-ordination and synergy of the actors in the justice sector.”
Some of the specific strategies, interventions and innovations the Judiciary is pursuing include ensuring accessibility to courts by having a Magistrates’ court station in every sub-County and a High Court and Court of Equal Status in every County.
Rolling out Small Claims Courts countrywide also seeks to ensure that social grievances especially for the economically vulnerable members of the society are resolved expeditiously thus furthering the prospect of peaceful co-existence in vulnerable communities like slums and informal settlements.
The CJ was categorical that under her administration, no case should last more than three years in a trial court or one year in an appellate court. “We also place an additional focus on Anti-Corruption and Economic Crimes cases and Commercial Disputes to ensure quick resolution of these cases.”
The Judiciary is also enhancing the use of Information and Communications Technology in its processes by optimising the operations of virtual courts, e-filling and case management.
“We aim to promote the use of a multi-door approach to resolution of disputes by strengthening the operations of Alternative Justice Systems and Alternative Disputes Resolution mechanisms. Towards this end, we will provide mediation and AJS suites in court stations where we have the requisite physical infrastructure to accommodate the suites.”
CJ Koome said complaints handling processes and public communication channels to enhance public faith in the judicial system will be strengthened.
PLEAD I focused on 12 counties, that included Nairobi, Kisumu, Mombasa, Nakuru, Uasin Gishu, Garissa, Isiolo, Lamu, Mandera, Marsabit, Tana River and Wajir.
The second phase of the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD II), will now cover 17 counties.
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