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Quick information guide

National, Regional and International legal frameworks have provisions on promoting access to justice for all:

  • The Constitution, 2010 has rafts of provisions, specifically Articles 10, 48, 50, 159 and 174.
  • The Government committed to provide state funded legal aid and education as conduits to enhancing access to justice.
  • Kenya developed a robust legal and policy framework aimed at promoting legal aid to expand access to justice to her citizens.
  • Existence of a Legal Aid National Action Plan 2017-2022 

Key Regional and International frameworks 

African Charter on Human and People’s Rights on the Rights of Women in Africa

  • Article 8 (a,c and f) Women and men are equal before the law and shall have the right to equal protection and benefit of the law. The Charter obliges parties to pay particular attention to women's access to legal aid

Convention on the Elimination of All forms of Discrimination Against Women

  • Article 2(b and c) mandates state parties to adopt appropriate legislative and other measures, to prohibit discrimination against women;
  • Article 15(1 and 2) urges state parties to accord to women equality with men before the law;

Accessing Legal Aid in Kenya

In Kenya, legal aid has been offered by both state and non-state actors since independence in 1963. Non-state  is a  major  provider and until 2015 it operated  without  any  clear  legal,  institutional  and  coordination framework.

The enactment of the National Legal Aid and Awareness Policy, 2015 and the Legal Aid Act 2016, Kenya adopted a collaborative and systemic approach that brings together both state and non-state actors in the delivery of legal aid.

Through the National Legal Aid and Awareness Programme (NALEAP), the Government of Kenya has developed the National Legal Aid and Awareness Policy (NLAAP) which addresses issues pertaining to legal aid and access to justice in the country.

The National Legal Aid and Awareness Policy:

  1. emphasizes on the  need  to  ensure  the  right  to  legal  aid  as  a  constitutional  right; 
  2. recognizes  disparities  in  provision  of  legal  aid  and  provides  relevant  policy  directions; 
  3. ensures  multi-sectoral  approach  to  addressing  poor  provision  of  legal  aid  in  the  country;  and 
  4. ensures evidence-based planning and resource allocation.

More Information

RONA Foundation

supports rural widows and orphans with advocacy and financing services in Siaya County

The Center For Rights Education And Awareness (CREAW)

offers integrated services to survivors of gender based violence

GROOTS Kenya

has a programme addressing women’s limited access, control and ownership of land and other productive resources

Coalition of Violence Against Women (COVAW)

provides access to appropriate legal redress for victims and survivors of violence against women and girls (VAWG)

Federation of Women Lawyers (FIDA) Kenya

offers support to women facing issues related to matrimonial disputes, discrimination in Employment, participation in public positions and sexual violence, etc