INVESTIGATING THE CHALLENGES FACED BY INDIVIDUALS WITH APHASIA IN ACCESSING FAIR TRIALS WITHIN THE KENYAN JUDICIAL SYSTEM: A CASE OF MILIMANI LAW COURTS

Abstract

The purpose of this study was to investigate the challenges faced by individuals with aphasia in accessing fair trials within the Kenyan judicial system, with a specific focus on Nairobi City. This research was anchored in social support theory, which provided a framework for understanding institutional responses to communication needs and adaptive strategies within legal settings. A mixed-method case study research design was employed, and participants were selected using a purposive sampling technique. The participants included individuals with aphasia, judicial officers, and carers. The research participants were either involved in focus group discussions or filling out structured questionnaires. The collected data were analysed both quantitatively and qualitatively. Quantitative data were analysed using descriptive statistics, while qualitative data were analysed thematically. Findings revealed that the main barrier to accessing a fair trial was a lack of trained personnel to support aphasia patients, which translates to poor infrastructure within the legal system. A substantial proportion of respondents, including judicial officers themselves, acknowledged limited capacity to effectively communicate with individuals with aphasia. Further to this, lack of trained personnel also leads to inadequate communication aids, which also emerged as the most frequently reported challenge. Another area that was affected was the absence of alternative and augmentative communication (AAC) tools within court settings, which limited the ability of individuals with aphasia to express themselves, comprehend proceedings, and provide accurate testimony. The study concluded that the Kenyan judicial system lacks systematic mechanisms to ensure communicative participation for individuals with aphasia. The study recommended that there be a need for deliberate institutional reform, interdisciplinary collaboration, and policy-driven integration of speech-language pathology expertise within judicial processes. Kenyan courts should allocate resources for the acquisition of AAC tools such as picture boards, written keyword systems, and tablet-based communication applications. These resources should be readily available within court environments to supplement private procurement by litigants. Courts should allow structured breaks, flexible scheduling, and extended response time for individuals with aphasia to reduce fatigue and processing overload.