Promoting fair trial rights: the vital significance of the substantial injustice test in guaranteeing equitable legal access in Kenya

Abstract

As societal dynamics evolve, there is a widening interpretation of laws to cater to people's needs. The right to a fair trial is fundamental in modern day legal systems, ensuring fairness, the rule of law, equality and justice. This dissertation explores various aspects of this crucial right, particularly focusing on the concept of "substantial injustice" and its interpretational challenges. This dissertation advocates for a renewed dedication to protect and improve the entitlement to a fair trial by instituting a thorough examination of substantial injustice, with the goal of guaranteeing that justice remains within reach and inclusive for all segments of society. Additionally, this dissertation anticipates the positive impacts of this new substantial injustice test in shaping the legal landscape. This dissertation underscores the importance of the right to a fair trial in contemporary legal systems and highlights the significance of addressing interpretational challenges. Furthermore, the anticipated positive impacts of implementing a new substantial injustice test are poised to shape the legal landscape positively, fostering greater trust and confidence in the judicial system while advancing the cause of justice for generations to come.