Access to Justice by Refugees in Kenya

Abstract

The right to access to justice by refugees in Kenya is examined in this thesis, with particular attention paid to the practical and legal difficulties they face when pursuing justice through the Kenyan judicial system. In the study, the legal system governing refugee rights and access to justice is examined, along with international and regional legal instruments, and municipal laws and policies that are pertinent to refugees in Kenya. The study used a mixed-methods approach that combines quantitative and qualitative data analysis of interviews with refugees and representatives from pertinent governmental and nongovernmental organizations. The main goal is to pinpoint the gaps and obstacles that prevent refugees from accessing the justice system and to provide alternative solutions to strengthen their legal protection. The findings indicate that refugees in Kenya confront a number of severe difficulties, including insufficient understanding of legal rights and procedures, language barrier, financial limitations, and a lack of legal representation. Inadequate legal aid services, protracted court proceedings, and discrimination are further structural and systemic issues that make it difficult for refugees to obtain justice. The study also emphasizes the significance of enhancing refugees' legal capacity-building and awareness programmes, as well as enhancing the delivery of legal aid services catered to their particular requirements. It emphasizes how important it is for government agencies, civil society groups, and international actors to work together to strengthen the application and enforcement of refugee rights.

The thesis is concluded by offering suggestions for how relevant parties may tackle the issues outlined and ensure that refugees in Kenya are effectively able to exercise their right to access justice. This study seeks to enhance the notions of human rights and justice for everyone by arguing for inclusive legal systems and encouraging equitable access to justice. It also strives to protect and empower refugees