- A modest majority (55%) of Kenyans say they feel “somewhat confident” or “very confident” that ordinary people can obtain justice in the courts.
- If they had to take a case to court, more than half of respondents say they could probably find legal advice (57%) and obtain a fair resolution (57%).
- But fewer than half think they could afford to take a legal problem to court (47%) or would be likely to obtain a timeous resolution (41%).
- Only 37% say they are aware of legal-aid services that are available in their community, with especially low rates among uneducated adults (19%) and the very poor (28%).
- Asked where they would go to resolve a legal problem, three in 10 citizens (29%) say they would turn to the police. Smaller shares would approach elders (21%), a traditional leader or traditional court (15%), or a government official (14%). Only 3% say they would go to a formal court.
- Half (50%) of Kenyans say they trust the courts “somewhat” or “a lot,” down from 61% in 2011.
Access to justice is a fundamental human right that ensures that anyone can seek redress for grievances and engage meaningfully with legal systems. It includes the ability of all those seeking remedies to understand and navigate legal processes, access legal information and services, and receive fair and timely resolutions to disputes. This right is essential for upholding the rule of law and promoting social justice (Commonwealth Secretariat, 2026).
Kenya’s Constitution specifies that the state must ensure access to justice for all persons and that fees must be “reasonable” and not obstruct such access (National Council for Law Reporting, 2010). In line with the United Nations’ Sustainable Development Goal 16, which includes a commitment to “provide access to justice for all,” the Kenyan judiciary has developed a blueprint that seeks to remove geographical, economic, and structural barriers to justice. Among other tools, the plan includes expanding mobile courts, legal-aid outreach, small-claims courts, alternative justice systems, and virtual courts (Judiciary of Kenya, 2023).
Key to providing access to justice for all is the National Legal Aid Service, established in 2016 to provide free legal services to poor and vulnerable groups, including for criminal, civil, and constitutional matters, cases concerning children, and public-interest cases (National Council for Law Reporting, 2022). However, its reach is limited, with offices in only five of 47 counties (National Legal Aid Service, 2023). In November 2025, the government announced the deployment of state-funded lawyers to every county to provide free legal counsel to widows, children, and victims of gender-based violence (Mzalendo Trust, 2026).
The judiciary’s performance during the 2024/2025 financial year further highlights both progress and persistent challenges. It achieved a 104% case-clearance rate, resolving 647,686 cases against 621,425 filed in that period. This success has been attributed to various measures, including judicial circuits (court sessions based on need and designed to expedite dispute resolution), mobile courts, targeted service weeks, and case redistribution through the Mahakama Popote initiative. But while the judiciary saw a 31% reduction in cases older than one year, a substantial backlog of 169,349 cases remained as of June 2025 (Judiciary of Kenya, 2025).
Funding poses another obstacle. The 2025/2026 national budget allocated Ksh 26.7 billion to the judiciary, falling short of its Ksh 40.1 billion request (Parliament of Kenya, 2025; Judiciary of Kenya, 2024). This deficit could hinder ongoing reforms and limit the judiciary’s capacity to fulfil its operational obligations, such as recruiting judges, expanding infrastructure, and automating court processes (Judiciary of Kenya, 2025; Nuhu, 2025).
Other barriers to access to justice in the country include high court fees, geographic inaccessibility, systemic corruption, difficulties in obtaining legal counsel, and challenges in understanding legal processes and procedures (Hadley & Aoko, 2025; Kodiaga & Kamau, 2021).
This dispatch reports findings from a special survey module on access to justice included in Afrobarometer’s Round 10 surveys.
Findings show that majorities of Kenyans think that ordinary people can obtain justice in the courts and expect that resolutions are likely to be fair, but doubt that they themselves could afford to take a case to court.
Fewer than four in 10 citizens are aware of legal-aid services available in their community, with awareness levels especially low among poor and uneducated respondents.
Public trust in the courts has declined to half of the population in recent years, while an overwhelming majority see at least “some” judges and magistrates as corrupt.
More than half of Kenyans say that people are often or always treated unequally under the law, and about half say judges make decisions based on political influence rather than the law. More than six in 10 citizens say that officials who commit crimes frequently go unpunished, and a similar majority consider penalties for powerful wrongdoers too light.
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