Coming soon: Free-of-charge lawyers

Free legal services to the poor and vulnerable may soon become a reality after the Attorney-General tables the Legal Aid Bill in the National Assembly next year.

The proposed law seeks to ensure that every individual enjoys the right to justice by receiving legal aid.

Over the years, the government has limited free legal services to capital offenders who face the death penalty, and even then, only if convicted. The proposed law aims to change that by providing access to free or subsidised legal services to every individual who needs it.

The National Legal Aid and Awareness Programme (NALEAP), with the support of the European Union (EU), has been coordinating the drafting of the Bill to lay the foundation for the establishment of a structured and sustainable legal aid scheme in Kenya.

Although Article 27 of the Constitution provides that “every person is equal before the law and has right to equal protection and benefit of the law”, many Kenyans cannot afford existing legal fees.

“Enabling justice is part of building institutions and unity. It is an important foundation for growing economic prosperity, which is the overall aim of development,” said Erik Habers, EU head of development, Kenya.

The EU started supporting access to justice in 2003 through the defunct Democratic Governance Support Programme and has spent €5.2 million (Sh608 million) through various programmes in the partnership with the Kenya Law Reform Commission, the Kenya National Commission on Human Rights and several NGOs.

NALEAP was established in 2007 by the government to set in motion legislative and institutional framework for the legal aid awareness scheme, with the aim of improving access to justice for the poor, the marginalised and the vulnerable.

Since 2008, NALEAP has been operating six pilot projects at the Family Division and the Children’s Court in Nairobi, as well as various courts in Mombasa, Kisumu, Nakuru and Moi University Law Clinic (Eldoret). The projects are being conducted through pro bono lawyers offering legal advice, creating awareness, promoting alternative resolution mechanisms.

The children’s project is facilitated by the Law Society of Kenya (LSK) and the Children’s Legal Action Network to provide legal education and aid to children.

The Nairobi High Court Family Division’s project handles cases relating to divorce, matrimonial property dispute, administration of estate of the deceased, among others.

Deputy Legal Officer at the AG’s Chambers Roselyne Aburili, speaking in Naivasha, said providing legal knowledge and confidence to the poor and vulnerable would help solve legal matters without going to court.

Last week at an LSK event to recognise lawyers who have offered free legal services to the public, Mr Tonny Mulekyo was honoured for championing the right to housing for residents of Muthurwa, while Mr John Chigiti was awarded for fighting against the relocation of refugees from urban centres.

Mr Elisha Ongoya was commended for being an outstanding constitutional lawyer while Ms Carolyne Murugu was recognised for representing victims of the Kenya Railways evictions.