Distance as a Barrier to Access to Justice in Kenya
Sauti East Africa has produced a geospatial analysis report assessing how distance to physical courts acts as a structural barrier to access to justice for poor and vulnerable populations in Kenya.
Using nationwide court location data and gridded population estimates, the report quantifies how far Kenyans must travel to reach the nearest court and highlights the disproportionate burden on rural and remote communities. The findings underscore how long travel distances—combined with transport costs and limited access to basic court information—can discourage citizens from pursuing formal legal remedies and contribute to delays and inefficiencies across the justice system.
REPORT FINDINGS
Millions face extreme remoteness from courts: An estimated 1.7 million Kenyans live more than 100 km from the nearest court, and approximately 5.3 million live more than 50 km away—distances that can require a full day’s travel and impose prohibitive costs on low-income households.
Average distance masks inequality: While the population-weighted average distance to the nearest court is 22 km, this conceals severe geographic disparities affecting remote and border counties.
High Court access is even more constrained in many counties: When considering county High Court jurisdiction, approximately 2.3 million people are more than 100 km from their county’s High Court, limiting access to courts that handle major civil, criminal, and constitutional matters.
Information barriers compound distance costs: Limited communication channels for case status updates, hearing dates, and documentation requirements can force repeated in-person visits, increasing time burdens, travel costs, and frustration—especially for citizens without reliable internet access or digital literacy.
REPORT RECOMMENDATIONS
- Expand low-tech access to court information: Use SMS and USSD channels to provide hearing schedules, case updates, and basic procedural guidance for citizens without smartphones or internet connectivity.
- Integrate justice access into one-stop public service points: Leverage “single window” service models (e.g., Huduma Centres) to reduce the number of steps and in-person visits required to obtain essential court services and records.
- Scale mobile courts and outreach services: Deploy scheduled mobile courts and targeted outreach in underserved regions to reduce travel burdens and expand last-mile justice delivery.
- Support specialized courts and simplified procedures: Promote accessible procedures, lower fees, and fast-tracking options—particularly for disputes affecting vulnerable communities.
- Strengthen ICT infrastructure for virtual and digital justice: Invest in court ICT capacity to support e-filing, virtual hearings, electronic service of documents, and timely publication of court information.
- Pair service delivery with legal literacy efforts: Combine improved access channels with public education on rights, remedies, and how to navigate formal justice processes.
This research demonstrates how spatial data and digital innovation can inform more inclusive justice systems. By quantifying distance as a barrier, Sauti provides actionable evidence to support policy reforms and technology-enabled solutions that bring justice closer to the people who need it most.
