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Invest in paralegals, not village elders
Dyna Kinoti, a paralegal, speaks to journalists outside the Isiolo Law Court.
The national government’s proposal to spend Sh2.7 billion on formalising village elders raises serious concerns about priorities in a country where resources are stretched and grassroots justice remains largely unsupported.
While we appreciate the traditional role elders have long played in resolving local disputes and guiding communities, channelling billions into formalising a structure that lacks clear roles and constitutional backing is a misplaced priority.
Rather than expanding a largely informal and potentially duplicative administrative layer, the government would do well to direct these funds toward formalising and financing community-based paralegals. These individuals already play crucial roles in Kenya’s underserved areas, often with little to no support.
Community paralegals promote civic education, assist in dispute resolution, promote access to justice and identify and report incident of human rights violation to authorities, hence acting as essential bridges between citizens and State institutions.
Unlike the vague scope envisioned for the village elders, community paralegals operate within a well-defined legal aid and justice framework and have decades of grassroots legitimacy. A recent study commissioned by Kituo cha Sheria found that while paralegals are legally recognised and widely trusted in Kenya, they lack structured financing and support. Many serve as freelancers, often forced to abandon their work due to livelihood constraints.
If the government is truly committed to bridging the gap between citizens and State institutions, then strengthening community-based justice mechanisms, not reinventing outdated systems of local surveillance, is the way forward. Funding paralegals would not only reinforce Kenya’s constitutional commitment to access to justice, but also enhance legal literacy, reduce petty crime through mediation, and empower marginalised communities to engage meaningfully with the State.
The push to formalise village elders raises uncomfortable questions. Governance experts and security analysts have questioned whether the real motive is service delivery or surveillance. Are we reintroducing a parallel intelligence network under the guise of grassroots governance?
Public participation, currently ongoing, must not be reduced to merely checking the box. Kenyans deserve clarity on what problems this initiative seeks to solve. And if the ultimate goal is to improve local service delivery, then let’s support structures that already work—structures that are already entrenched in the constitution, supported by communities, and focused on empowerment rather than control.
The Sh2.7 billion should go to community paralegals—not for the benefit of a political network or a shadow intelligence force—for a just, informed and empowered citizenry.
Samfelix Randa
