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CHRISTIANLEGAL
EDUCATION AID & RESEARCH
At Eldoret, our core values are founded on the following: VISION MISSION
As we come to the close of the year 2009, the fourth year of our existence, we as CLEAR Eldoret branch wish to thank all our partners, our trustees, our staff, our well wishers and most importantly the Almighty Father for according us the support and favour to achieve the many feats that CLEAR Eldoret branch has. This annual report has been inspired by the experiences we have had as an office and most importantly, the achievements and success stories that we have had throughout the entire year. The report attempts to document part our response to the many challenges that human beings face and most importantly the poor, the disadvantaged and the most vulnerable members of the society. It is in this regard that we wish to acknowledge the support of all our partners and other stake holders that have participated in the activities of this year. It is through their support that we were able to make such phenomenal achievements which were in line with our goals, missions and vision. The said achievements that have been recorded in this publication have been guided and made possible by the commitment and dedication of our staff members. In this regard, we wish to acknowledge and appreciate the Eldoret staff members for their hard work, dedication, commitment and tireless effort to make this year a resounding success! Editor’s note Welcome to the CLEAR (Eldoret) branch annual report which covers the highlights of the period January to December 2009 and titled, ‘An Angel of Hope.’ The year 2009 has been truly challenging and tempestuous yet to a large extent successful. This report attempts to put focus on the lives of ordinary Kenyans and most of all the poor and the most vulnerable who have been faced with difficulties in life and had lost hope… but found it upon interaction with the CLEAR office. The report thus brings into focus the achievements of CLEAR Eldoret, during the year 2009. CLEAR Eldoret has continued to be recognized by other stake holders in the Judiciary and most importantly by the litigants who have had their problems resolved. It is in this regard that we have continuously partnered with other stakeholders to make the year a success and most importantly to restore hope to the poor, the marginalized and the most vulnerable members of the society. The numerous success stories notwithstanding, the Eldoret branch has not been without its fair share of challenges. The most notable has been financial. This draws from the fact that the world over has experienced a global recession period, the worst in the recent times. As such based on the fact that ours is a Non-Governmental Organization and mostly depends on donors to run its activities, we have been faced with the toughest of times in terms of financial resources during the year the same of which almost paralyzed our operations. This fact notwithstanding, I am pleased to report that God has continuously been faithful to us and accorded us the necessary favours and grace the same of which saw us through the entire year. It is against this backdrop that we as CLEAR Eldoret Branch are confident and pleased to report the fact that under the circumstances, ours was a huge success! This annual report further suggests part of the activities that we intend to re-launch towards fostering and improving the justice system in the society. Strategic Leadership ? Visit by CJ The year 2009 begun on a high note whereby, we were graced with a visit by Miss Christine Jones the Trustee from CLEAR International. <
CLEAR Eldoret Staff members enjoying a light moment during the photo
session with Ms. Christine Jones (Second left) and Ms. Joy Mdivo
(Second right) when the two visited our offices.
The Staff
This year has been one marked with the various challenges and hardships not only for our organization but in the world over. This follows the global economic crunch that saw inflation rate reach an all time high. Our organization was not spared either. As a consequence, we were forced to conduct a fund raising drive in order to raise funds for the running of the same. In this regard, CLEAR (K) together with our friends and partners undertook a climb at the Mt. Longonot an approximate 50 Kilometers from Naivasha town. In addition to a noble course, the event was fun-filled providing a good platform to socialize and bond with the other members. Training on Mediation Kisumu hotel On
the 1st day of October 2009, part of our staff members underwent
an ADR training in Kisumu. This was in an effort to boost our skills
in order to enhance our efficiency as we handle our clients. This
draws from the fact that the advantages of ADR cannot be gainsaid
and our office actively participates in ADR processes as a necessary
stage prior to pursuing litigation in court. Thus, we can confidently
post that our staff members are effectively equipped to handle Negotiations
as well as Mediation and Arbitration on behalf of our clients.
Owing to the harsh economic conditions and challenges that we have continuously experienced during the year 2009, it had become almost impossible to run the school law clubs projects. However this fact notwithstanding, we have attempted to attend to two schools in the region. In the said school, we have conducted legal education. It
is in this regard that we as the Eldoret office intend to launch
the Eldoret Young Law Club project in the coming year. In this regard
we have in our plans to liaise with the schools close by and in
particular their law clubs. Where none is in existence, we propose
to set them up. Activities Throughout
the year our office has been involved in various activities that
had been organized by other stakeholders in the judiciary. The most
memorable of these were as follows: At a past function dubbed the ‘Legal Awareness Week’ held from 22nd to 24th of September 2009, a project of the Ministry of Justice through NALEAP >
b) Judicial open day On the 20th day of March this year, CLEAR Eldoret branch had the privilege to be invited and participated at the Judicial Open day. This was a nationwide programme carried out in all High courts in the country and was aimed at sensitizing the public in the works and operations of the Judiciary. Various stake holders participated at the event and participation was by invitation only. The same was undertaken at the Eldoret High Court grounds. In
this light, CLEAR (Eldoret) was invited as a legal aid center owing
to the functions and duties undertaken by our office and further
owing to our interaction with the Judiciary.
Qualified Staff Our staff members are dedicated to meet the needs of our esteemed clients. We remain a hard working group dedicated to meet the various needs of our clients. As the staff members we understand the fact that most of our clients come from very humble backgrounds and by the time they come to seek legal advice they are at a point of desperation. In this regard, we have embraced Alternative Dispute Resolution as a mandatory process to be undertaken by the parties who seek legal assistance in our station. This draws from the various advantages that ADR as a mechanism for Dispute Resolution commands most notably the fact that it is faster cheaper and friendlier as compared to litigation. In the light of the foregoing our staff members have engaged in continued training programmes on ADR processes. This is in a bid to make them adept in handling issues and further to arrive at solutions. In this regard, our office actively participated in the seminars that were held on the 1st day of April 2009 and subsequently on the 2nd day of October 2009 at the Sirikwa Hotel and Kisumu Hotel in Eldoret and Kisumu respectively. The said seminars were aimed at educating the participants in ADR and how the same should be conducted and most importantly how to handle the parties so as to come to a favorable (win-win) situation. ^ Inset is Mercy Wambua the Eldoret resident advocate at a past seminar on Alternative Dispute Resolution held at Sirikwa Hotel in Eldoret town.
In
line with our Mission statement as set out in our Mission Statement,
our office has continued to work together with other sate holders
in the Judicial System in order to facilitate Legal Education. a) Outreach legal Education Under
this head, we have partnered with the local churches, community
elders, local media houses and schools within the region as well
as the public administration. This is aimed at empowering the locals,
with more emphasis being centered on the poor the vulnerable and
the disadvantaged member of the society. Through our outreach legal
education, we attempt to educate the local communities on their
rights a swell as advise them on various legal issues and challenges
that they face. To add on to the same, we have continuously partnered with other civil groups such as the Women groups, The District Children Office, Other Human Rights Bodies among others. This is in an effort to widen our area of scope within the region. Most notably, our efforts have not gone unnoticed. Throughout the entire year, we have continuously enjoyed massive media coverage and other press briefings. This has been both in the Local news as well as in the National News. A case in point is the January 31st 2009 Legal Education that was held in Kitale (approximately 70 Kms from Eldoret Town.) The event was aimed at empowering women on their roles in Peace Building and Conflict Mitigation. This was captured in the February 5th 2009, Daily Nation Newspaper under the heading ‘Women Join Hands to Fight Violence and Sexual Assault’ b) Prison Program Our legal Education field also covers the Eldoret G.K prison. Throughout the year, this has remained to be one of the most active fields of legal education. In this regard, we undertake to facilitate legal education twice a week i.e. Tuesdays and Thursdays. This is done at the Men and Women Prisons respectively. The weekly visits are aimed at educating the remandees on the court processes, their rights, duties as well privileges. In addition, we undertake to assist those in remand to understand the basic criminal procedures such as the process of acquisition of charge sheets and witness statements and their importance. Where they are stuck as to the position or current status of their cases, we undertake to conduct perusals at the court registries and thereafter advise such inmates accordingly. Apart form those in remand, we also seek to advise those who have been convicted and are already serving time. This is usually so in matters pertaining to appeals and applications for Judicial Review. Where the situation warrants, we forward such files to the pro bono advocates for further action. It is in this light that we act as a bridge between the inmates and legal counsels for representation- a fundamental right for every accused person as enshrined in the Constitution of Kenya. For us to make the Prison Mission the success that it is today, we have partnered wit various other stake holders in the Administration of Justice System. This includes the Judiciary (more so the Criminal court registries), The K.C.L.F pro bono advocates, the prisons Department, The Moi University (School of Law) Legal Aid Externship program, and most recently, the Legal Resource Foundation. In addition to the legal education, we also arrange for compassionate visits inside the rectification facility. These are visits that are aimed at encouraging the inmates as well as to share with them the word of God. To achieve this, we have closely worked with the Eldoret K.C.L.F advocates in the region. < A recent compassionate visit to the Eldoret G.K Prison.
The third overall head is the in-house legal education. This is legal education offered to the members of the public from the Eldoret office. In this regard, we have dedicated Fridays afternoon of every week for this activity. During that time, members of the public are free to get into our offices for free legal advice. This
in–house legal education is usually aimed at empowering the
would-be litigants and those who already have matters pending in
court on the court processes, demeanor and decorum. This exercise
has proven to be very vital and draws solidly on the fact that the
courtroom is usually characterized by tension and rigorous procedures
and mannerisms that must strictly be adhered to, otherwise it would
amount to contempt of court. Furthermore, the program serves as an ideal forum for encouraging and strengthening one another as it provides a form of therapy, where our clients can share their experiences and exhale their deepest of worries. Radio Shows In addition we usually conduct live shows in the local media such as radio stations. In the past we have had this program run in the Fish FM, Sayari and Bibilia Husema radio stations, which stations enjoy a wide coverage in terms of listener preference in the region.
Our office has also been engaging in public interest litigation through the entire year. In this regard, we undertake court actions where people’s rights have been infringed. This is all in an effort to make the world better place. In essence it boils down to our mission, vision and objectives. In
order to achieve this noble objective, we partner with other stake
holders so as to overcome the challenge of lack of locus. As pointed
out earlier on in the report, most of the cases in the District
Children Office are usually referred to our office for further action.
A case in point is where is a situation where the District Children
Officer wanted action to be taken against some parents who had refused
to take their children to school over some false and unfounded beliefs.
In this regard, we sued through the District Children Officer. In
less than a day, we were in a position to get a court order against
the parents.
Miscellaneous
application Number 71 of 2009 Unfortunately, she was not in a position to secure a job in Kitale. Her efforts led her to Eldoret town where she had been promised a job by a friend. Things did not however turn out to be what she expected. The job she had earlier been promised did not even exist. Troubled and confused, she had nowhere to go and was hence stranded as a consequence. To further worsen the situation, she had no money to take her back to their home in Kitale. She did not have any option but to spend the night in the cold within the streets of Eldoret town. The following day she attempted to search for a job within town. Having known no one her efforts to do the same were further curtailed. All the while, she had been spending her nights in the raging streets of Eldoret town. This
went on for a while until two weeks later when a supposed “good
Samaritan” offered to take her in. He promised to offer her
food and shelter for the night. Things moved from bad to worse when
the “good Samaritan” turned “bad” and took
advantage of the Emmy. The result was that Emmy got pregnant. The
following morning Emmy left the man’s house and went back
in her pursuit for a job. She realized several weeks later that
she was pregnant. By this time, she could no longer trace the man
responsible as he had simply vanished. Lady luck smiled upon her when she was identified and taken in by the Rescue Center an NGO mission Programme that assists destitute minors. She was enrolled in school where she received her primary education. Soon afterwards she sat for her Kenya Certificate of Primary Education, where to the amazement of all, she passed with flying colors. As a result, she secured admission at the Maji Mazuri Academy in Baringo district. The catch however was that she had to give up her son in order for her to be admitted at the school. Through
her friends whom she had acquired while at the rescue mission, they
learnt of CLEAR offices in Eldoret. She came to the office accompanied
by her friends and sought legal assistance to obtain orders to transfer
temporary custody to the friends as she pursued her education. Her
friends included a family that had volunteered to take care of Emmy’s
son while she was in school, as well as a sponsor who had facilitated
her enrolment at the Rescue Mission and later on at the Maji Mazuri
High School in Baringo. On learning of the rocky path Emmy had been
through, the matter was taken up by CLEAR Eldoret.
With a light touch… A butcher sought legal advice from an attorney. The conversation went as follows; Butcher:
Sir, What are my options where a neighbour’s dog strays into
my shop The attorney grudgingly paid the said amount and the butcher left his office happily. The following day, the butcher received a bill demanding 100 dollars being payment of legal advice rendered by the attorney.
The year 2009 though marked with several serious challenges and more so financially, the same was to a large extent very successful. It is during this year that we saw an increased number of clients, who were being represented in court. As at the close of the year, we had a total of 594 clients (this being the figure of those from whom interviews had been taken and action taken thereafter) As such, as we draw to the close of the year, we are pleased and proud to positively report that indeed we have done our part in giving back to the society. Through our hard work, we can proudly report that we have stuck in line with our objectives, vision and mission statement. Finally, we take this opportunity to wish all our clients, friends, partners, trustees and colleagues a merry Christmas and a prosperous new year!
Report prepared by: Byron Mutali (Intern) CLEAR, Eldoret |
