With the enactment of the Constitution in 2010, the dream of realizing access to justice has become more evident than ever before. The constitution creates various avenues for enhancing access to justice in Kenya. There are now several provisions specifically providing for access justice, public participation, ADR and traditional dispute resolution mechanisms and the overhaul of the judicial system.
With the constitution of Kenya 2010 access to justice is now a right enshrined therein. Under the constitution the State is obligated to ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to
justice. However access to justice in Kenya has been hampered by many factors. Some of these factors are the high court fees, geographical location, complexity of rules and procedure and the use of legalese. The court's role is also „dependent on the limitations of civil procedure, and on
the litigious courses taken by the parties themselves.