Legal illiteracy fuels conflict, marginalization and injustice, inaugural legal summit reveals

Lodwar, Turkana – September 19, 2025

Ignorance of the law among Turkana’s general population remains a key driver of conflict, marginalization and injustice, the just-concluded inaugural edition of the Legal Empowerment Summit has revealed.

The summit, jointly organized by the County Government, Article 43, Kituo Cha Sheria and other partners, brought together legal scholars, practitioners and community leaders to address widespread lack of awareness of the law and its implications on the community. Organizers noted that legal illiteracy has often resulted in wrongful arrests, unfair trials and entrenched harmful practices under the guise of culture.

Deputy Governor Dr. John Erus highlighted the Shirika Plan — a framework guiding refugee-host relations — as an example of a legal instrument that has been grossly misinterpreted due to limited sensitization.

“It is the view of the County Government that the general public and all actors in refugee affairs ought to be sensitized on the content and implications of the Shirika Plan to avoid further misinterpretation and unnecessary conflict,” Dr. Erus said. The Deputy Governor called on the Department of Refugee Services to take lead and include all refugee hosting counties in the sensitization process as refugees were a critical part of daily interaction with locals in Turkana and Garissa.

Keynote speaker Prof. PLO Lumumba, a renowned Pan-Africanist and senior lawyer, urged communities to view legal knowledge as a tool for empowerment.

“When we speak of legal knowledge, we do not limit ourselves to formal systems of modern law. This extends to traditional approaches such as dispute resolution mechanisms and alternative justice systems,” Lumumba said.

He praised Turkana’s Akiriket system, a council of elders that traditionally adjudicates disputes, as a resource worth strengthening. Drawing from global examples, he added: “Rwanda’s post-genocide gacaca court system and Burundi’s homegrown justice models produced better results in reconciliation and justice than the formal legal order. Turkana must rethink overreliance on formal courts.”

Speaking on behalf of professionals, Turkana Professionals Association chair Jackson Nakusa stressed the need for grassroots outreach.

“This initiative must move down to the sub-county, ward and village levels. Some practices we call tradition are repugnant to the law. Many have been jailed because they could not understand the judge or the legal jargon. Legal empowerment must reach the sub county, ward, village and sub village levels,” Nakusa said.

The challenge of access to justice also featured prominently. Speaker of the Turkana County Assembly, Rt. Hon. Charles Lokioto, lamented that the county — Kenya’s second-largest by land size at 77,000 square kilometres — relies on only two fully functional courts in Lodwar and Kakuma.

Resident Judge PJ Otieno acknowledged the deficit but disclosed that expansion efforts are underway. “The judiciary, working with MPs, has secured infrastructure in Lokichar and Lokitaung that has already been gazetted as courts. Once furnished, services will begin. In the meantime, we are conducting monthly mobile courts and outreach programs to bring justice closer to the people,” he said.

Organizers said the summit seeks to extend beyond Turkana to the wider Ateker community, spanning Kenya, Uganda, Ethiopia and South Sudan, in recognition of shared cultural and legal challenges across borders.

“From the attendance to the quality of discussions, we can only describe the inaugural summit as a success. In line with the goals of Article 43, subsequent editions will target other Ateker populations across borders,” said one of the organizer Emanman Ewoi. The executive Director of Article 43 and the director of legal services for Turkana County, advocate Ekai Nabenyo, also confirmed the cross border plans moving forward.

Other speakers, including constitutional lawyer Dr. Ekuru Aukot, emphasized the urgency of bridging gaps in legal awareness to protect vulnerable populations. Discussions also touched on gender rights, land ownership in light of oil exploration, perennial border conflicts and the impact of executive orders on cross-border communities.

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