Ask a lawyer:
How to seek free legal aid from an advocate?

Introduction

This response will provide information on how to seek free legal aid from an advocate in Kenya. It will delve into the legal framework governing legal aid in Kenya, outlining the eligibility criteria, the process of accessing legal aid, and the various organizations that offer such services.

Table of Contents

1. Legal Framework for Legal Aid in Kenya 1.1 The Constitution of Kenya, 2010 1.2 The Legal Aid Act, 2016

2. Eligibility Criteria for Legal Aid

3. Accessing Legal Aid 3.1 The Legal Aid Board 3.2 Non-Governmental Organizations (NGOs) 3.3 Pro Bono Services

4. Conclusion

1. Legal Framework for Legal Aid in Kenya

1.1 The Constitution of Kenya, 2010

The Constitution of Kenya, 2010, recognizes the right to access justice as a fundamental human right. Article 48(1) of the Constitution states that "Every person has the right to a fair trial, which includes the right to be presumed innocent until proven guilty, the right to be informed of the charge, the right to be represented by a lawyer, the right to a fair and public hearing, the right to have legal representation, and the right to appeal."

1.2 The Legal Aid Act, 2016

The Legal Aid Act, 2016, provides the legal framework for the provision of legal aid in Kenya. The Act establishes the Legal Aid Board, which is responsible for coordinating and providing legal aid services in Kenya. The Act also outlines the eligibility criteria for legal aid, the types of legal aid services that can be provided, and the procedures for accessing legal aid.

2. Eligibility Criteria for Legal Aid

The Legal Aid Act, 2016, outlines the eligibility criteria for legal aid. These criteria are based on the individual's financial status, the nature of the case, and the potential impact of the case on the individual's life.

• Financial Status: The Act states that legal aid may be provided to individuals who are unable to afford legal representation. This is determined by assessing the individual's income, assets, and liabilities.

• Nature of the Case: Legal aid may be provided for cases that are considered to be in the public interest or that involve fundamental human rights.

• Potential Impact of the Case: Legal aid may be provided for cases that could have a significant impact on the individual's life, such as cases involving domestic violence, child custody, or land disputes.

3. Accessing Legal Aid

There are several ways to access legal aid in Kenya.

3.1 The Legal Aid Board

The Legal Aid Board is the primary provider of legal aid services in Kenya. The Board provides legal representation, legal advice, and other legal services to eligible individuals. To access legal aid from the Legal Aid Board, individuals can:

• Contact the Legal Aid Board directly: The Legal Aid Board has offices in various parts of Kenya. Individuals can contact the Board directly to inquire about legal aid services.

• Apply for legal aid through a referral: Individuals can be referred to the Legal Aid Board by other organizations, such as NGOs or community groups.

3.2 Non-Governmental Organizations (NGOs)

Several NGOs in Kenya provide legal aid services to individuals who cannot afford legal representation. These NGOs often specialize in specific areas of law, such as human rights, environmental law, or women's rights.

• Identify relevant NGOs: Individuals can identify relevant NGOs by searching online or contacting local community groups.

• Contact the NGO directly: Individuals can contact the NGO directly to inquire about legal aid services.

3.3 Pro Bono Services

Pro bono services are legal services provided by lawyers free of charge. Many lawyers in Kenya offer pro bono services to individuals who cannot afford legal representation.

• Identify lawyers offering pro bono services: Individuals can identify lawyers offering pro bono services by contacting the Kenya Bar Association or searching online.

• Contact the lawyer directly: Individuals can contact the lawyer directly to inquire about pro bono services.

4. Conclusion

Accessing legal aid in Kenya is crucial for ensuring that individuals have access to justice. The Legal Aid Act, 2016, provides a framework for the provision of legal aid services, and various organizations, including the Legal Aid Board, NGOs, and pro bono lawyers, offer legal aid services to eligible individuals. By understanding the eligibility criteria and the various avenues for accessing legal aid, individuals can navigate the legal system and protect their rights.