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The blind side of justice: Why legal illiteracy is tearing Kenyans apart

Africa News News African November 7, 2026 · Comments off

The courtrooms are built. The doors are open. Yet millions of Kenyans enter the justice system without knowing how to navigate it.

During the Law Society of Kenya (LSK) Legal Awareness Week, held from October 26 to 30, 2026, I led legal aid operations in Kitale, Trans-Nzoia County, alongside advocates, under Sub-Branch Chairman Felix Mukabane. Hundreds sought help on land, marriage, inheritance and children.

Their questions exposed a troubling reality: constitutional rights mean little to people who do not know how to claim them.

One elderly man had lost a land case despite owning the property and holding its title deed. He had not annexed the document to his court filings because nobody had told him it was necessary.

The court could not consider evidence that was not on record. A procedural omission had undermined his claim. For unrepresented litigants facing seasoned advocates, ignorance of court rules can be costly.

Land registry delays also create opportunities for fraudsters to obtain parallel titles before genuine owners complete their paperwork.

Buyers who fail to conduct official searches or verify ownership risk losing their money and spending years pursuing justice in court.

Family disputes are equally troubling. Succession disagreements turn siblings into courtroom adversaries. Court-annexed mediation can resolve disputes, but inadequately trained mediators risk crafting unlawful or unenforceable settlements.

Children often bear the greatest cost. During the clinics, mothers and abandoned children were caught in custody battles involving parents unaware of their constitutional responsibilities.

Article 53 makes the best interests of the child paramount, yet personal grievances often take precedence.

Three interventions are necessary. Non-advocate mediators need mandatory training in court procedures and family law.

The Ministry of Lands should accelerate registry digitisation to curb fraudulent titles. Finally, the National Legal Aid Service, county governments and LSK branches should establish permanent grassroots clinics in every sub-county to improve legal literacy.

Justice that only informed citizens can access is not justice for all. It is a privilege.

Donald Nyongesa is a student of law at Kabarak University

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