Kenya’s bid to bring justice closer to women

NAIROBI: MPs have approved a new bill that seeks to reduce men's influence in traditional dispute resolution mechanisms and instead empower women to access justice.

The Magistrates' Court Bill, 2015 has empowered women to access justice in all classes of magistrates' courts, meaning that men will no longer have the luxury of hiding behind traditional platforms such as village councils that have always disadvantaged women in the search for justice.

All classes of magistrates' courts will now have the power to handle civil matters including divorce, adoption and legitimacy, intestate succession and compensation in cases of forced pregnancies. Spouses can also move to magistrates' courts to seek redress in cases of adultery or enticement of a married partner.

Although magistrates' courts have traditionally handled civil matters in addition to criminal ones, this jurisdiction was confined to particular classes of magistrates' courts, limiting access to justice for vulnerable people such as women and children. Civil cases such as land and marital issues have therefore ended up in traditional justice systems that have been favourable to men.

With the bill expanding civil jurisdiction to include all classes of magistrates' courts, it means the role of alternative dispute resolution mechanisms would be watered down. It will also allow for the application of Marriage and Matrimonial Property laws, which can only be applied in conventional courts.

"The bill is good because sometimes women are not even allowed to appear before the traditional councils that resolve disputes. The magistrates' courts will give everyone an equal opportunity to be heard," said Florence Kajuju (Meru, MP).