KITUO CHA SHERIA BLOG

Success Story from the Nyando Community Justice Centre

Article 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Community Justice Centres that are managed and run by trained community paralegals to assist members of the community at the grassroots level across the country agitate for their human rights and resolve disputes without resorting to the court process.

The community paralegals offer free legal advice to the members of the public, educate them on various aspects of law and guide them on how to participate in governance and empower the entire community. Kituo has played a big role in supervising the community justice centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Community Justice Centres in Kamukunji, Kibera, Korogocho (all in Nairobi), Kitui, Turkana, Nyando (Kisumu), Kisauni (Mombasa), Lamukani ( Kwale) and Marereni (Kilifi). The Community Justice Centers have significantly contributed to the goal of promoting access to justice for the poor and marginalized people in society and at the same time made justice accessible to those who could not afford the services of an advocate.

Success stories from Nyando Community Justice Centre

Rose Everline Tendwa 46 years old, resident of Homa-bay County approached Nyando Justice Centre seeking for legal assistance on family succession matter.

Rose who is also a widow and a third wife to her later husband Michael George Tendwa explained to Judith Ochanda, a community paralegal based at Nyando Commuinty Justice centre how her other two core wives sidelined her on a family succession plot.

According to rose, her late husband had properties including land, commercial buildings and rental houses in Homa-bay town. After her husband’s death they sat down as a family and agreed to do succession so that each household would have a share of the deceased property.

Rose later noticed that despise the family agreements on the said mattter, her step sons excluded the name of her daughter in the list of beneficiaries. They went further and filled this matter in court. Rose made several efforts to be served with the file to acquaint herself with the court proceedings but her efforts were thwarted down.

Rose decided to visit our justice center after she got our contacts from a radio talk show on radio Ramogi F.M. (avuncular local radio station where Kituo community paralegals frequently engage the community by educating and informing them on legal matters).

Judith Ochanda wrote a letter to the Chief Magistrate Homa bay court requesting them to grant Rose access to the case files.

They responded positively. Rose raised a complaint on the matter filled with the court and on 24th July 2018; the succession cause no.5of 2013 that was filed was cancelled by the court. The court further ordered that a fresh succession cause be done with all the names of the beneficiaries including Rose’ daughter and the properties of the deceased be included. Defamation case between Caren Onyango our client and Shadrack was successfully concluded through alternative dispute resolution.  Caren reported that they had a land boundary dispute between her and Shadrack her neighbor who trespassed into her land destroying the boundary and when she went to ask him why he was interfering with the boundary; Shadrack started calling her names and hurling abuses at her in public.

A demand letter was written to Shadrack to come for ADR in the office; both came and we had a lengthy talk and discussion with both of them; we managed to reconcile the two who later shook hands as sign of peace and reconciliation. We then advised them to go to the lands office and get the services from the lands surveyor to verify the boundaries so that they would get the real picture of each person’s boundary so that they cannot have future disputes between them.

In partnership and networking with other organizations our paralegals have attended workshops/trainings in different forums through invitations from different organization:

1. On 20^th July 2018, two paralegals from Nyando Justice Centre attended half day interactive security meeting between the Boda Boda operators and the senior police officers right from the County commander to the OCS’s manning all the police Stations within the two Sub-counties of Nyando and Muhoroni; this was geared towards creating peace and harmony between the police officers and the boda boda riders operating within the two Sub-counties. It had been noted that the mistrust and the poor working relation the law enforcement officers a recipe to insecurity, violence and in most cases chaos triggered with the Boda boda riders viewing police officers as their enemies and would sped off at the highest speed an office is on sight precipitating numerous accidents. The law enforcement officers a veered that the  life and safety of both boda boda riders and their passengers  since  it has always been noted that most of the boda boda operators do not obey the traffic rules hence causing a lot of accidents on the roads; most of them also do not have insurance and driving license; Boda boda operators also complained about some police officers taking bribe from them; in attendance were chairmen of the boda boda sector, Nyando paralgals, OCS   from different police stations within Nyando and Muhoroni; County Commander, the deputy County Commander , OCPDs from both the Sub –Counties and other stakeholders from different organization from Muhoroni and Nyando sub county.  The meeting was organized by Transparency International (TI).

• This enable us know that most of the boda boda operators do not have a driving license with two classes as required by the traffic laws and they do not also have insurance cover that is supposed to be renewed after a period of time.
• The Boda boda riders were advised to go for driving classes and obtain a driving license with two classes, each rider must have two helmets one for the rider and one for the customer, and each bike must not carry more than one passenger.
• They were asked to report any case of bribery to the OCS, OCPD or to the county commander if the OCS or OCPD so that action can be taken towards the police who has been bribed.
• The boda boda riders complained that they were being harassed by the APS(Administration Police) from Awasi at night and being robbed off their cash ; which the county commander said was very wrong and should be reported for action to be taken against the APS that are harassing them.
• The meeting also enabled the boda boda riders to openly air their grievances without fear, with the law enforcement officers, explicitly explaining what the traffic laws entails regarding road safety and the traffic rules as enshrined in the traffic regulations. 

  RCKM

  Kituo Cha Sheria