Program Overview Between 2006 and 2009, the Justice for the Poor (J4P) program in Kenya worked to develop high-quality research to better understand how justice systems function at the local level, and how individuals and communities navigate those systems in order to resolve grievances. J4P-Kenya areas of engagement centered on two main initiatives: Assessment of Access to Justice among the Pastoralist Communities in the Arid and Semi Arid Lands (ASAL) of Kenya, and Women’s Access to Land and Labor Rights in Kenya.
Background Between 2006 and 2009 the Justice for the Poor program conducted operations and research in Kenya on issues of access to justice and women’s access to land. Many Kenyans pursue their grievances outside the state justice sector, including through community systems, peace or reconciliation forums, Islamic courts and chiefs. The latter are part of the Provincial Administration and they are mandated to maintain law and order in their communities. The interface of these different forums can be challenging for those seeking justice, as people are forced to navigate multiple, and often conflicting, justice and rule systems. Different socio-political aspects or values impact their choices of forum and the Justice for the Poor program worked to increase understanding of how to promote equitable and legitimate outcomes across justice forums.
Areas of Engagement Assessment of Access to Justice in Pastoralist Communities
In 2007, the J4P program launched a qualitative research project in the arid and semi arid lands focusing on grievances over natural or biological resources and grievances triggered by development projects and funds. Grievances in the pastoralist areas are often connected to natural resources and multiple ideas of ownership and use. Disputes over who has access to community funds also constitute a more modern cause of conflict within communities. Following in-depth research, the J4P team worked with the World Bank’s Arid Lands Resource Management Project (ALRMP) to analyze ongoing mechanisms of conflict resolution, their role in the provision of justice to the poor and marginalized, as well as the potential of the community development institutions to act as a broker in supporting access to justice.
Women’s Access to Land and Labor Rights in Kenya Under the World Bank’s Gender Action Plan, the J4P program partnered with the Legal Resources Foundation Trust (LRF) in Kenya to conduct an exploratory study on women’s access to land in Kenyan agricultural communities. The goal of this research was to better understand how formal and customary justice systems govern women’s access to land in agricultural communities and how women navigate such systems in search of their rights. Results of this study suggested that access to land for women should not be framed as a ‘formal versus informal law’ issue. Instead, the same local power dynamics underpin, control and ultimately undermine access for women in both arenas. These findings will inform future initiatives on women’s access to land and are contributing to the ongoing design and implementation of the World Bank’s Judicial Performance Improvement Project (JPIP) in Kenya. JPIP strives to improve mechanisms to protect women’s right and increase their access to such mechanisms and thereby enhancing their ability to access and protect economic resources. 
Partnership and Dialogue In conducting these activities, J4P partnered with the Kenyan Legal Resource Foundation (LRF). Through these activities, the J4P program developed the capacity of local researchers by providing them with training in qualitative research methods and data analysis. Design of the study, hiring of researchers and implementation and analysis of field research were implemented in partnership between the World Bank and LRF. |
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