NAIROBI, Kenya Nov 3 – Chief Justice Martha Koome has ordered courts to seek a formula for legal aid to all robbery with violence suspects.
In an internal memo to all courts on Monday, Koome urged all judicial officers to ensure that every person accused of robbery with violence was provided with legal representation.
“It is hereby directed that every person accused of robbery with violence must be provided with legal representation as a matter of right as provided for in the constitution. Judges and judicial officers are hereby urged to engage their respective committees to innovate, establish and activate mechanisms to ensure that this is observed,” read the memo
The CJ said it is the constitutional right of any accused person to have legal representation to ensure there is no miscarriage of justice as stipulated in Article 5 of the Kenyan constitution.
“Article 5(2)(h) of the Constitution of Kenya Provides that an accused person should be provided with an advocate, at the state’s expense substantial injustice would be occasioned to the accused person by lack of legal representation. The right to legal representation is entitled to all accused persons including those charged with capital offence, only those charged with murder often receive legal representation funded by the state,” she said.
She has also appointed Kennedy Bidali, the Judiciary Ombudsman to prepare and present a monthly status report on the implementation of the formula to be used.
“Hon.Kennedy Bidali ,Office of the Judiciary Ombudsman ,Office of the chief Justice is hereby appointed to work with Registrars of the Supreme court ,Court Of Appeal, High Court and Magistrate Courts assisted by the Directorate of Planning and Organization planning and organization Performance DPOP to prepare and present ,to my office monthly status reports of implementing of this circular formula for implementation to be considered and scaled around the country,” said Koome
Access to justice in Kenya is still regarded as expensive due to high legal fees levied by lawyers, making it a preserve of the rich.
