Kenyan jurisprudence can be said to be about 115 years old and because of the influence of the colonial master, most English laws enacted before April 12, 1897 still apply in the country and because of this, procedural and evidential technicalities have often resulted in delays and injustice.
The Constitution under Article 159 (2) (d) states that “justice shall be administered without undue regard to technicalities”. Article 48 states that “the State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice”.