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How to seek free legal aid from an advocate?
How to Seek Free Legal Aid from an Advocate in Kenya
Introduction
Access to justice is a fundamental right enshrined in the Constitution of Kenya. However, many Kenyans face financial barriers that prevent them from obtaining legal representation. To address this issue, various organizations and government bodies provide free legal aid services to those who cannot afford to hire an advocate. This guide will walk you through the steps to seek free legal aid in Kenya, the organizations involved, and relevant case laws that highlight the importance of legal aid.
Table of Contents
Understanding Legal Aid
Organizations Providing Free Legal Aid
National Legal Aid Service (NLAS)
Law Society of Kenya (LSK)
Non-Governmental Organizations (NGOs)
Steps to Seek Free Legal Aid
Relevant Case Laws
Conclusion
1. Understanding Legal Aid
Legal aid is the provision of free legal services to individuals who cannot afford to pay for legal representation. These services include legal advice, representation in court, and the drafting of legal documents. Legal aid ensures that everyone, regardless of their financial status, has access to justice.
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2. Organizations Providing Free Legal Aid
2.1 National Legal Aid Service (NLAS)
The National Legal Aid Service (NLAS) is a state agency established under the Legal Aid Act 2016. It coordinates the provision of legal aid in Kenya, giving effect to Articles 19(2), 48, and 50(2)(g) and (h) of the Constitution of Kenya, which guarantee access to justice.
Services Provided:
Legal advice on various legal matters
Representation in court by legal aid providers
Drafting of legal documents
Contact Information:
Website: National Legal Aid Service ↗
Email: [email protected]
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2.2 Law Society of Kenya (LSK)
The Law Society of Kenya (LSK) also provides free legal aid through its Public Interest and Litigation department. This department undertakes advocacy programs to promote access to justice and protect public rights.
Services Provided:
Legal advice and representation
Public interest litigation
Legal awareness and education
Contact Information:
Telephone: 0111 231 010
Email: [email protected]
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2.3 Non-Governmental Organizations (NGOs)
Several NGOs in Kenya offer free legal aid services to marginalized and vulnerable groups. These organizations include:
Sheria Mtaani: Provides free legal services to residents of Mathare and other marginalized areas.
Legal Resources Foundation (LRF): Offers legal aid and promotes legal literacy.
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3. Steps to Seek Free Legal Aid
Identify Your Legal Issue:
Determine the nature of your legal problem (e.g., criminal, civil, family law).
Contact a Legal Aid Provider:
Reach out to the National Legal Aid Service, the Law Society of Kenya, or an NGO that offers legal aid services.
Submit an Application:
Fill out an application form detailing your legal issue and financial status. This can often be done online or in person at the organization's office.
Assessment:
The legal aid provider will assess your application to determine if you qualify for free legal aid based on your financial situation and the nature of your case.
Assignment of a Legal Aid Provider:
If you qualify, you will be assigned a legal aid provider (advocate or paralegal) who will assist you with your legal issue.
Receive Legal Assistance:
The assigned legal aid provider will offer legal advice, represent you in court, and help with the drafting of legal documents as needed.
4. Relevant Case Laws
4.1 Republic v Karisa Chengo & 2 Others [2017] eKLR
Parties: Republic (Appellant) vs. Karisa Chengo, Jefferson Kalama Kengha, and Kitsao Charo Ngati (Respondents)
Outcome: The Supreme Court of Kenya held that the right to a fair trial includes the right to legal representation. The court emphasized that legal aid is essential for ensuring that individuals who cannot afford legal representation still receive a fair trial.
Relevance: This case underscores the importance of legal aid in upholding the right to a fair trial, as guaranteed by the Constitution of Kenya.
Source: Republic v Karisa Chengo & 2 Others [2017] eKLR ↗
4.2 John Kipng’eno Koech & 2 Others v Nakuru County Assembly & 5 Others [2013] eKLR
Parties: John Kipng’eno Koech, David Kiplagat Ruto, and Joseph Kipkoech Cheruiyot (Petitioners) vs. Nakuru County Assembly, Speaker of Nakuru County Assembly, and others (Respondents)
Outcome: The High Court of Kenya ruled that access to justice is a fundamental right and that the state has an obligation to provide legal aid to those who cannot afford it.
Relevance: This case highlights the state's responsibility to ensure that all individuals have access to legal representation, regardless of their financial status.
Source: John Kipng’eno Koech & 2 Others v Nakuru County Assembly & 5 Others [2013] eKLR ↗
5. Conclusion
Seeking free legal aid in Kenya is a straightforward process, thanks to the efforts of various organizations and government bodies dedicated to ensuring access to justice for all. By following the steps outlined above and reaching out to the appropriate legal aid providers, individuals who cannot afford legal representation can receive the assistance they need. The importance of legal aid is further underscored by relevant case laws, which highlight the fundamental right to a fair trial and access to justice.
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Answered by mwakili.com