Last Change:
02/26/2025
Legal Aid Act
Year: 2016
Type: Domestic law
Rights Category: Social protection
Description
The Legal Aid Act, 2016 provides a framework for the provision of legal aid services in Kenya to ensure access to justice for all, particularly marginalized and vulnerable groups. It establishes the National Legal Aid Service (NLAS) to coordinate and oversee legal aid programs. The Act covers legal representation, advice, and education, promoting awareness of rights and the justice system. By reducing barriers to justice, it upholds the constitutional right to fair legal processes and equality before the law.
Selected provisions
An applicant is eligible for legal aid if that person is—
(a) an indigent person;
(b) a resident of Kenya; and
(c) a child; or
(d) a refugee under the Refugees Act; or
(e) a victim of human trafficking; or
(f) an internally displaced person; or
(g) a stateless person.
A person who wishes to receive legal aid shall make an application to the Service in the prescribed form.
A court before which an unrepresented accused person is presented shall—
(a) promptly inform the accused of the right to legal representation;
(b) if substantial injustice is likely to result, promptly inform the accused of the right to have an advocate assigned to him or her; and
(c) inform the Service to provide legal aid to the accused person.