MESSAGES FROM SOME OF OUR TEAM MEMBERS
A glimpse into the executive director’s vision;
The Executive Director lets us, through his lenses, visualize why the organization is in existence and what it intends to achieve.
Why commoner concerns centre?
The idea to form Commoner Concerns Centre was birthed due to the realization that a majority of Kenyans do not understand the law. This being the case, they are unlikely to be aware of their rights as enshrined in both the domestic and international legal instruments. Research indicates that a majority of Kenyan citizens face impediments in their quest to access justice, a situation exacerbated by a lack of legal literacy and high levels of poverty. Despite the legal maxim that ignorance of the law is no defense, many of these citizens lack knowledge of statutes that govern their daily lives and regulate their conduct.
The core mandate of the organization is the provision of Legal Aid. As a result, the organization has been granted a seat at various Court Users Committee (CUC) meetings whose proceedings have assisted us in understanding where some of the challenges faced by citizens in their quest to access justice emanate from. After identifying the gaps that affect the administration of justice and processes, we try our level best to find the most relevant solution. In Kenya, the main function of Legal Aid is the provision of free legal assistance to facilitate Access to Justice, especially to the indigent members within the community, as envisioned in Article 48 of the Constitution. Legal Aid Act No. 6 of 2016 creates a national legal aid service with various functions whose organizing principles are: equality before the law, fair administrative justice, and equal access to justice for all.
In most cases, people seek legal aid when there is a violation of fundamental human rights or where there is a high likelihood of that right being threatened. As an organization, we are guided by Article 22 (2) of the Constitution which grants us the mandate to act: on behalf of another person who cannot act on their own, on behalf of a group, or in the public interest. In addition, where reasonable, we are guided by Article 159 (2) (c) which allows/promotes the resolution of disputes through alternative mechanisms such as mediation, reconciliation, and other traditional means. Our work therefore revolves around ensuring that the citizens enjoy their fundamental rights as provided for in the relevant legal instruments.
The board chair’s view point;
The Board Chair puts into perspective what should be expected of them in particular and the organization in general.
We the eight men and women who constitute the board are guided by the vision, mission, and core values of the organisation. We ensure that these are inculcated in all persons associated with the organisation so that as a team, we may at all times walk towards the same destination. As the governing body, we diligently oversee the functions of the organisation’s Secretariat besides being in charge of other affairs which include: fundraising, approving budgets for project activities as required, monitoring the activities, leading in discussing the organisation’s performance issues, and assisting in capacity building where necessary.
As a dedicated Legal Aid provider with a view of accelerating Access to Justice, especially for the indigent, Commoner Concerns Centre is committed to ensuring that Human Rights, as enshrined in The Constitution of Kenya, 2010, are upheld. The organisation envisions a society where the rule of law prevails in the day-to-day happenings and in every activity undertaken, either: individually, collectively, or by any level of government. It strives to achieve all these through advice and capacity building, offered to the indigent by our able legal team that is well versed with both local and international laws.
Our dedication to ensuring that the organisation realises its main and specific objectives cannot be overemphasized. This can be attested by the cordial relationship that we have maintained with the major stakeholders who include: the local community, the National and County Governments, Non-Governmental Organisations, and other Non-State actors.
A word from the lead advocates;
Through the eyes of the Lead Advocates, we are able to understand what Legal Aid entails and why it is such an important undertaking.
As advocates of the High Court of Kenya, we are proud to be associated with Commoner Concerns Centre because we believe in its vision of ensuring that human rights, especially for the indigent, are protected and where violated, the victim (s) is/are assured of prompt access to justice. Many of the poorest citizens have little understanding of critical documents, drafting legal documents, court procedures, self-representation, or the impact they can make during their incarceration. Above all, equal access to justice remains a challenge for many Kenyans, many of who do not even have access to proper representation in court by a lawyer.
Through offering Pro bono services, we are able to fulfill our professional and ethical responsibility and make those services available and accessible to those who would otherwise be deprived of legal representation. The term “Pro bono” is derived from the Latin phrase Pro bono publico which loosely translates to “For the good of the people”. Legally this term is used when referring to legal services performed for free or at a subsidized fee for the general public. Pro bono services leverage the skills of legal professionals to help the general public who cannot afford a lawyer like the marginalized communities and underserved populations.
The state-funded legal aid is usually too limited and even harder to get it anyway. As a matter of fact, most of the pro bono services are provided by non-governmental organizations. We therefore call upon Commoner Concerns Centre to continue with this noble cause of ensuring that the indigent are not unfairly deprived of justice, merely because they cannot afford legal services. As advocates, we shall give the organization our undivided support in ensuring that justice is served to all irrespective of their status in society or financial capability.
The paralegals’ mission;
The Paralegal brings to the fore what their day-to-day activities entail in ensuring that justice is served and human rights are protected within the community.
As Paralegals, we play a key role in providing legal aid services, which in summary include enlightening the public about their legal rights and supporting them in solving legal problems. We are also an avenue for Alternative Dispute Resolution, as envisioned under article 159 (c) of the constitution. Under Commoner Concerns Centre, we work closely with the coordinators in mobilizing the community to defend and advocate for their rights, monitoring and documenting human rights violations, conducting preliminary investigations and fact-finding before referring briefs to the lead advocates, leading and organizing communities to lobby and advocate for legal reforms, and referring matters to relevant parties (such as the police; courts; ADR through chiefs, pastors and village elders) for resolution. As a team, through the organization, our main mission is to bring to light all human rights violations within Nakuru County and find legal ways of resolving them.
Paralegals are an important link in Kenya’s justice chain, especially with the introduction of the National Legal Aid Program (NALEAP). The concept of paralegalism evolved as a mitigating strategy in the face of numerous challenges faced by indigent persons in accessing justice. It entails equipping non-lawyers with basic knowledge of law and legal procedures so that they can inform members of their community about their legal rights. Legal Aid Act No. 6 of 2016 places Community Paralegals at the centre of legal aid, given that often they are the first contact with the community and are able to: promote legal awareness continually, offer legal assistance, and promote alternative dispute resolution without resorting to courts.