Expanding Access to Justice

Expanding access to justice for marginalized communities to combat discrimination, empower women and girls, and secure redress for human rights abuses

In Northern Kenya, several threats to access to justice persist, primarily due to systemic challenges such as inadequate implementation of laws, limited government services, and exclusionary policies. These issues are exacerbated by ongoing violence, displacement, and the marginalization of communities, which hinder their ability to exercise their rights fully.

The Solution

Through strategic interest litigation HSI filed several successful or ongoing cases to advocate for the access to citizenship, land, and human rights. HSI will continue to use law as a mechanism for justice and redress.

Through the ongoing litigation initiated in 2022, the organization will continue to represent refugee-Kenyan spouses and their children in their pursuit of legal identity and freedom of movement. By December 2025, we will develop at least two policy briefs to inform national stakeholders of the legal and human rights implications. Engagements will include public forums and targeted advocacy with state actors, alongside the documentation of lived experiences of at least three affected families to humanise the issue and support broader reforms.

The organization will participate in at least three major convenings on digital ID and civic technology between 2025 and 2026, such as RightsCon and ID4Africa. These engagements will be used to position the organisation as a rights-based expert, foster cross- border learning, and build coalitions. By December 2025, at least two advocacy or learning products (e.g., presentations, op-eds, or thematic reports) will be developed individually or in a coalition and shared with international stakeholders to influence digital ID design and implementation globally.

To deepen national and regional understanding of exclusionary digital systems, the organization will produce one new piece of original research by early 2026, co-published with academic or policy institutions to amplify credibility and uptake. Building on previous works such as Biometric Purgatory and Digital Identity and Legal Obligation, these studies will examine the human rights consequences of digital public infrastructure and offer policy alternatives.

By mid-2026, the organisation will represent at least three victims of government-perpetrated brutality from historically marginalized areas. This includes preparing one new public interest litigation case that challenges systemic state violence and stationing at least one on-demand lawyer in each office location (excluding Nairobi) to provide legal counsel to community members and paralegals. Legacy cases, such as the 2016 judgment against KDF abuses in Garissa, will be updated, and used in advocacy to push for institutional reforms and reparations. Documentation outputs will support public education and engagement with the Kenya National Commission on Human Rights and other actors.

To address service delivery gaps in Northern Kenya, the organisation will file at least one new constitutional petition by the end of 2025. This will build on prior successful litigation, such as the 2015 case on the education staffing crisis and focus on systemic failures such as access to healthcare, water, or security. The litigation will be informed by community consultations and legal research, with a corresponding advocacy strategy to translate the judgment into long-term policy change.