Begin with informed choice
A lawyer or legal organisation should explain available options, likely timelines, costs, confidentiality limits and foreseeable risks in language the rights holder understands. The person should be able to decide whether and how to proceed.
Trauma-informed practice does not assume incapacity. It recognises how trauma, fear, stigma and unequal power may affect participation, and adapts processes to support agency, safety and dignity.
Build the case around the remedy sought
Documentation should be purposeful: collect only what is lawfully needed, verify sources, protect sensitive information and avoid repeated interviews that add harm without evidential value.
Case development may connect employment records, recruitment documents, medical or psychosocial evidence, witness accounts, financial loss, digital communications and expert analysis to the elements of a claim.
- Legal information and options assessment.
- Safe documentation and evidence preservation.
- Referral and multidisciplinary coordination.
- Negotiation, litigation or non-judicial complaint.
- Enforcement and follow-up after a decision or settlement.
Address barriers to access
Interpretation, transport, security, childcare, disability access, immigration status, cross-border evidence and fear of retaliation can determine whether a formal remedy is actually usable. A practical legal strategy accounts for these barriers from the outset.
The Kenya Legal Aid Act establishes a framework intended to facilitate access to justice and social justice. Eligibility, services and the appropriate provider depend on the person’s circumstances and the type of matter.