Situational Analysis

The Local Council Government Act (2006) provided for the establishment of Local Councils Courts to bring about justice nearer to the people. The grading of courts is based administrative units created by the Local Governments Act  (Cap 243). Section three (3) of the Local Council Court Act, establishes at every village, parish, Sub County and division/town, a Local Council Court.

The Government was motivated to give judicial powers to Local Council Courts in order to 1); entrench the principle of democracy and give people greater power decision affecting them; 2) bring legal services closer to the people at village level; 3 ) have cases decided entirely by local people and thus minimize the risk of intimidation; 4) make justice more accessible in terms of language, financial resources and distance ;5) provide simple formalities that allow people to follow the process and ;6)  reach decisions expeditiously 
 
WIRDA has conducted a scooping study to analyze the merits and challenges these Local Council Courts face.  In a summary, the merits of Local Council Courts include being nearer the people, the people themselves participating in the election of committees, which constitute these courts, and resolving local disputes at minimum cost.

The challenges are enormous. The wider public is still unaware of their rights and responsibilities in relation to Local Courts.  Local Council officials are often unaware of key issues of legislation. The courts members are without access to key references. The officials who have a major role to play in protecting children and women are often unaware of the rights of children and gender issues. Documentation of court proceedings is poor thus affecting appeals. Local Council Courts are also handling cases that are outside their jurisdiction such as rape and defilement. There is inadequate sensitization of Court members on their judicial roles.

By the end of 2009/10, WIRDA will

Planned Activities