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