Kenya Act or statute

Parliament of Kenya

Legal Aid Act

Jurisdiction: Kenya
Structure: 87 provisions
Citation: Cap. 16A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Legal Aid Act.”

This Act may be cited as the Legal Aid Act. Defines the phrase 'a person who is granted legal aid on an interim basis; and'. Provides affordable, accessible, sustainable, credible and accountable legal aid services to indigent persons in Kenya in accordance with the Constitution. Declares that the national values and principles of governance set out in Article 10 of the Constitution are guiding principles. Establishes the National Legal Aid Service.

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PRELIMINARY - 1. Short title

This Act may be cited as the Legal Aid Act.

Section 1

ADMINISTRATION - 9. Establishment of Board of Service

Establishes a Board of Service and lists its composition, nomination and appointment processes, qualification and disqualification criteria, and gender balance requirement.

Section 9

APPLICATION FOR LEGAL AID - 41. Persons who may apply for legal aid

The applicant may apply for legal aid in person.

Section 41

ACCREDITATION OF LEGAL AID PROVIDERS - 63. Legal aid disbursements

An accredited legal aid provider must pay all disbursements for a matter in which legal aid was granted and may claim reimbursement of those costs.

Section 63

MISCELLANEOUS PROVISIONS - 87. Supersession, savings and transitional provisions

Section 87

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Showing 87 of 87 provisions

Provision 73Offence 10Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Legal Aid Act.

Section 1. Short title Section This Act may be cited as the Legal Aid Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines the phrase 'a person who is granted legal aid on an interim basis; and'.

Section 2. Interpretation Section a person who is granted legal aid on an interim basis; and

Section 2Verify source

§ 3PRELIMINARY - 3. Object of the ActProvision

Provides affordable, accessible, sustainable, credible and accountable legal aid services to indigent persons in Kenya in accordance with the Constitution.

Section 3. Object of the Act Section providing affordable, accessible, sustainable, credible and accountable legal aid services to indigent persons in Kenya in accordance with the Constitution;

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

Declares that the national values and principles of governance set out in Article 10 of the Constitution are guiding principles.

Section 4. Guiding principles Section the national values and principles of governance set out in Article 10 of the Constitution;

Section 4Verify source

Part II

THE NATIONAL LEGAL AID SERVICE

§ 5THE NATIONAL LEGAL AID SERVICE - 5. Establishment of the National Legal Aid ServiceProvision

Establishes the National Legal Aid Service.

Section 5. Establishment of the National Legal Aid Service Section 5(1) There is established a service to be known as the National Legal Aid Service. Section 5(2)(a) suing and being sued; Section 5(2)(b) acquiring, holding, charging or disposing of movable and immovable property; and Section 5(2)(c) doing or performing all such things or acts for the proper discharge of its functions under this Act, which may be lawfully performed by a body corporate. Section 5(3) The Service shall be the successor to the National Legal Aid and Awareness Program existing immediately before the coming into force of this Act.

Section 5Verify source

§ 6THE NATIONAL LEGAL AID SERVICE - 6. HeadquartersProvision

The Service must have its headquarters in the capital city and may establish branches in every County in Kenya to ensure reasonable access to its services.

Section 6. Headquarters Section The headquarters of the Service shall be in the capital city but the Service may establish branches in every County in Kenya to ensure reasonable access of its services.

Section 6Verify source

§ 7THE NATIONAL LEGAL AID SERVICE - 7. Functions of the ServiceProvision

Section 7 lists the functions of the Service, requiring the Service to establish and administer a national legal aid scheme and to perform a range of related duties including advising the Cabinet Secretary, promoting ADR and legal literacy, managing grants and the Legal Aid Fund, supervising paralegals and legal aid services, and issuing guidelines and standards.

Section 7. Functions of the Service Section 7(1)(a) establish and administer a national legal aid scheme that is affordable, accessible, sustainable, credible and accountable; Section 7(1)(b) advise the Cabinet Secretary on matters relating to legal aid in Kenya; Section 7(1)(c) encourage and facilitate the settlement of disputes through alternative dispute resolution; Section 7(1)(d) undertake and promote research in the field of legal aid, and access to justice with special reference to the need for legal aid services among indigent persons and marginalized groups; Section 7(1)(e) take necessary steps to promote public interest litigation with regard to consumer protection, environmental protection and any other matter of special concern to the marginalized groups; Section 7(1)(f) provide grants in aid for specific schemes to various voluntary social service institutions, for the implementation of legal aid services under this Act; Section 7(1)(g) develop and issue guidelines and standards for the establishment of legal aid schemes by Non-Governmental Agencies; Section 7(1)(h) in consultation with the Council of Legal Education, develop programs for legal aid education and the training and certification of paralegals; Section 7(1)(i) promote, and supervise the establishment and working of legal aid services in universities, colleges and other institutions; Section 7(1)(j) promote the use of alternative dispute resolution methods; Section 7(1)(k) take appropriate measures to promote legal literacy and legal awareness among the public and in particular, educate vulnerable sections of the society on their rights and duties under the Constitution and other laws; Section 7(1)(l) facilitate the representation of persons granted legal aid under this Act; Section 7(1)(m) assign legal aid providers to persons granted legal aid under this Act; Section 7(1)(n) establish, coordinate, monitor and evaluate justice advisory centers; Section 7(1)(o) coordinate, monitor and evaluate paralegals and other legal service providers and give general directions for the proper implementation of legal aid programs; Section 7(1)(p) administer and manage the Legal Aid Fund; and Section 7(1)(q) perform such other functions as may be assigned to it under this Act or any other written law. Section 7(2) The Service shall issue guidelines specifying matters or classes of matters relating to the provision of legal aid.

Section 7Verify source

§ 8THE NATIONAL LEGAL AID SERVICE - 8. Powers of the ServiceProvision

The Service has all powers incidental to and necessary for the effective discharge of its functions under this Act and any other written law.

Section 8. Powers of the Service Section The Service shall have all powers incidental to and necessary for the effective discharge of its functions under this Act and any other written law.

Section 8Verify source

Part III

ADMINISTRATION

§ 10ADMINISTRATION - 10. Functions of the BoardProvision

The Board formulates and reviews the policies of the Service.

Section 10. Functions of the Board Section formulate and review the policies of the Service;

Section 10Verify source

§ 11ADMINISTRATION - 11. Powers of the BoardProvision

The Board has the power to control, supervise and administer the Service's assets so as to promote the Service's purposes.

Section 11. Powers of the Board Section control, supervise and administer the assets of the Service in such manner as best promotes the purposes for which the Service is established;

Section 11Verify source

§ 12ADMINISTRATION - 12. Tenure of officeOffence

Chairperson is appointed for a single six-year term and cannot be reappointed; most other members are appointed for a single five-year term and cannot be reappointed. Chairperson and members serve on a part‑time basis.

Section 12. Tenure of office Section 12(1) The chairperson of the Board appointed under section 9 (1) (a) shall be appointed for a single term of six years and shall not be eligible for re-appointment. Section 12(2) A member of the Board, other than a member under section 9 (1) (c), (d), (e), and (g), shall be appointed for a single term of five years and shall not be eligible for re-appointment. Section 12(3) The chairperson and members of the Board shall serve on a part-time basis. Section 12(4)(a) dies; Section 12(4)(b) ceases to be a member of the nominating body under section 9 (1); Section 12(4)(c) is absent from three consecutive meetings of the Board without reasonable cause; Section 12(4)(d) resigns from office by notice in writing addressed to the Cabinet Secretary; Section 12(4)(e) is unable to perform the functions of the office arising out of physical or mental infirmity; Section 12(4)(f) is negligent or incompetent in the performance of his or her functions; Section 12(4)(g) is adjudged or otherwise declared bankrupt under any law in force in Kenya; Section 12(4)(h) violates Chapter Six of the Constitution; or Section 12(4)(i) is convicted of a criminal offence and sentenced to imprisonment for a term of not less than six months. Section 12(5)(a) notify every vacancy in the Gazette within fourteen days of the occurrence of the vacancy; Section 12(5)(b) invite nomination of a replacement by the nominating bodies within fourteen days from the date of the Gazette Notice referred to in paragraph (a); and Section 12(5)(c) appoint a new member to fill the vacancy within seven days from the date of receipt of the nominations under paragraph (b).

Section 12Verify source

§ 13ADMINISTRATION - 13. Filling of vacancyProvision

If a vacancy occurs on the Board under section 12(4), the Cabinet Secretary must appoint a new member.

Section 13. Filling of vacancy Section 13(1) Where a vacancy occurs in the membership of the Board under section 12 (4), the Cabinet Secretary shall appoint a new member in accordance with the provisions of this Act. Section 13(2) An appointment to fill a vacancy shall be for the remainder of the term of the member being replaced and the new member shall be eligible for reappointment.

Section 13Verify source

§ 14ADMINISTRATION - 14. Vacancy not to affect proceedingsProvision

The validity of any Board proceedings is not affected by vacancies, defects in appointment, or participation by someone not entitled.

Section 14. Vacancy not to affect proceedings Section The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any member or by the fact that a person who was not entitled to do so took part in the proceedings of the Board.

Section 14Verify source

§ 15ADMINISTRATION - 15. Procedures of the BoardProvision

The Board must run its business according to the Schedule; except as the Schedule provides, the Board may set its own procedures; the Board may co-opt persons to attend meetings but those co-opted persons may not vote.

Section 15. Procedures of the Board Section 15(1) The business and affairs of the Board shall be conducted in accordance with the Schedule. Section 15(2) Except as provided in the Schedule, the Board may regulate its own procedure. Section 15(3) The Board may co-opt any person to attend its meetings but that person shall not vote at such meeting.

Section 15Verify source

§ 16ADMINISTRATION - 16. Remuneration of membersProvision

The chairperson, members of the Board and staff of the Service are entitled to be paid remuneration or allowances determined by the Public Service Commission on the advice of the Salaries and Remuneration Commission.

Section 16. Remuneration of members Section The chairperson, members of the Board and staff of the Service shall be paid such remuneration or allowances as the Public Service Commission may, on the advice of the Salaries and Remuneration Commission, determine.

Section 16Verify source

§ 17ADMINISTRATION - 17. Committees of the BoardProvision

The Board may create committees to help perform its functions and may co-opt qualified persons into committees.

Section 17. Committees of the Board Section 17(1) The Board may, in the performance of its functions under this Act, constitute such committees of the Board as the Board may consider necessary for the efficient performance of its functions. Section 17(2) The Board may co-opt into the membership of a committee established under subsection (1) any person whose knowledge and skills are considered necessary for the effective discharge of the functions of the Board.

Section 17Verify source

§ 18ADMINISTRATION - 18. Delegation by the BoardProvision

The Board may, by resolution generally or in a particular case, delegate to a committee or to any member, officer, employee or agent of the Board the exercise of its powers or performance of its functions or duties under this Act or any other written law.

Section 18. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 18Verify source

§ 19ADMINISTRATION - 19. Engagement of experts and consultantsProvision

The Board may engage experts and consultants; those engaged may be paid fees and allowances as the Board determines.

Section 19. Engagement of experts and consultants Section 19(1) The Board may engage the service of experts and consultants in respect of any of the functions of the Service. Section 19(2) An expert or consultant engaged under this section may be paid such fees and allowances as the Board may determine.

Section 19Verify source

§ 20ADMINISTRATION - 20. Coordination with other agenciesProvision

Promote the establishment of legal aid schemes by governmental and non-governmental agencies.

Section 20. Coordination with other agencies Section promote the establishment of legal aid schemes by governmental and non-governmental agencies; and

Section 20Verify source

§ 21ADMINISTRATION - 21. Protection from Personal liabilityProvision

Members of the Board and its officers, employees or agents acting bona fide in executing the Board's functions are not personally liable for actions, claims or demands arising from those acts.

Section 21. Protection from Personal liability Section No matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

Section 21Verify source

§ 22ADMINISTRATION - 22. Liability of the Board for damagesProvision

The Board remains liable to pay compensation or damages to any person for injury to the person, property or interests caused by the Board's exercise of powers, by any written law, or by failure or works.

Section 22. Liability of the Board for damages Section The provisions of section 21 shall not relieve the Board of the liability to pay compensation or damages to any person for an injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Board by this Act or by any other written law or by the failure, whether wholly or partially, or any works.

Section 22Verify source

§ 23ADMINISTRATION - 23. Independence of the BoardProvision

The Board must not be subject to direction or control by any person or authority when performing its functions.

Section 23. Independence of the Board Section The Board shall not be subject to the direction or control of any person or authority in the performance of its functions.

Section 23Verify source

§ 9ADMINISTRATION - 9. Establishment of Board of ServiceOffence

Establishes a Board of Service and lists its composition, nomination and appointment processes, qualification and disqualification criteria, and gender balance requirement.

Section 9. Establishment of Board of Service Section 9(1)(a) a person appointed by the President from among persons qualified to be appointed as a judge of the High Court, who shall be the chairperson; Section 9(1)(b) a judge of the High Court nominated by the Chief Justice; Section 9(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to justice; Section 9(1)(d) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance; Section 9(1)(e) the Principal Secretary in the Ministry for the time being responsible for the interior and co-ordination of National Government; Section 9(1)(f) the Director of Public Prosecutions or his representative; Section 9(1)(g) one person nominated by the Law Society of Kenya; Section 9(1)(h) one person nominated by the Kenya National Commission on Human Rights; Section 9(1)(i) one person nominated by the Council for Legal Education from among universities with an operational legal aid clinic; Section 9(1)(j) one person elected by a joint forum of Public Benefit Organizations offering legal aid to the public, including women, youth and children; Section 9(1)(k) one person nominated by the National Council of Persons with Disabilities; and Section 9(1)(l) the Director. Section 9(2) Each nominating body under sub-section 1(h) to (k) shall submit the names of three nominees to the Cabinet Secretary. Section 9(3) The nomination of board members shall take into account the principles of equality, non-discrimination, regional balance and in so doing shall ensure that not more than two-thirds of the members of the Board shall be of the same gender. Section 9(4)(a) a citizen of Kenya; Section 9(4)(b) meets the requirement of Chapter Six of the Constitution; Section 9(4)(c) possesses a university degree from a university recognised in Kenya; Section 9(4)(d) has knowledge and experience of not less than seven years in the relevant field; and Section 9(4)(e) is a person or professional of good standing in the society or respective professional body. Section 9(5)(a) is a member of a governing body of a political party or an employee of a political party; Section 9(5)(b) is an un-discharged bankrupt; Section 9(5)(c) has been convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; Section 9(5)(d) has been removed from office for contravening the provisions of the Constitution or any other written law. Section 9(6) Members of the Board shall be appointed by the Cabinet Secretary from a list of nominees submitted under subsection (3). Section 9(7) The Board shall, at its first meeting elect the vice-chairperson of the Board from among its members. Section 9(8) The chairperson and the vice-chairperson of the Board shall be of the opposite gender. [Act No. 11 of 2017 , Sch.]

Section 9Verify source

Part IV

MANAGEMENT AND STAFF OF THE SERVICE

§ 24MANAGEMENT AND STAFF OF THE SERVICE - 24. The DirectorProvision

Establishes a Director of the Service to be competitively recruited by the Board, who serves as Secretary to the Board, performs management and administrative functions, manages the Legal Aid Fund subject to the Board, is an ex officio non-voting Board member, serves a three-year term and may be re-appointed once.

Section 24. The Director Section 24(1) There shall be a Director of the Service who shall be recruited competitively by the Board. Section 24(2) The Director shall be the Secretary to the Board. Section 24(3)(a) is a citizen of Kenya; Section 24(3)(b) has been an advocate of the High Court of Kenya for at least seven years; and Section 24(3)(c) meets the requirements of Chapter Six of the Constitution. Section 24(4)(a) implementing the decisions of the Board; Section 24(4)(a)(i) implementing the decisions of the Board; Section 24(4)(a)(ii) the day-to-day administration and management and the control of the other staff of the Service; and Section 24(4)(a)(iii) the arrangement of business, recording and keeping of the minutes of the Board and such other records as the Board may direct; Section 24(4)(b) subject to the general or special direction of the Board, manage and disburse funds from the Legal Aid Fund for the purposes of this Act; and Section 24(4)(c) perform such other functions as may be assigned by the Board. Section 24(5) The Director shall be an ex officio member of the Board with no right to vote at any meeting of the Board. Section 24(6) The Director shall hold office for a term of three years but shall be eligible for re-appointment for one further term.

Section 24Verify source

§ 25MANAGEMENT AND STAFF OF THE SERVICE - 25. Removal of DirectorProvision

Lists grounds for removal of the Director (incapacity, gross misconduct, incompetence or neglect of duty, violation of the Constitution) and requires giving the Director written reasons and an opportunity to be heard.

Section 25. Removal of Director Section 25(1)(a) inability to perform the functions of the office of Director arising out of physical or mental incapacity; Section 25(1)(b) gross misconduct; Section 25(1)(c) incompetence or neglect of duty; or Section 25(1)(d) violation of the Constitution. Section 25(2)(a) inform the Director in writing of the reasons for the intended removal; Section 25(2)(b) give the Director an opportunity to be heard in accordance with the provisions of the Fair Administrative Action Act (Cap. 7L).

Section 25Verify source

§ 26MANAGEMENT AND STAFF OF THE SERVICE - 26. Delegation powers of DirectorProvision

The Director may, with the Board's approval and in writing, delegate any of their powers or functions under this Act or any other written law to another officer or staff member according to the instrument of delegation.

Section 26. Delegation powers of Director Section The Director may, with the approval of the Board, delegate in writing any of his or her powers or functions under this Act or any other written law to any other officer or member of staff on the terms specified in the instrument of delegation.

Section 26Verify source

§ 27MANAGEMENT AND STAFF OF THE SERVICE - 27. Staff of the ServiceProvision

Section 27 establishes a secretariat for the Service to provide administrative, secretarial and other assistance; the Board may appoint professional, technical and administrative officers and support staff; the Public Service Commission may second public officers on request of the Service; members of staff shall be paid remuneration or allowances as the Board may determine in consultation with the Salaries and Remuneration Commission.

Section 27. Staff of the Service Section 27(1) There shall be a secretariat of the Service which shall provide administrative, secretarial and other assistance to the Service. Section 27(2)(a) such professional, technical and administrative officers and support staff as may be appointed by the Board in the discharge of its functions; and Section 27(2)(b) such public officers as may be seconded by the Public Service Commission upon the request of the Service. Section 27(3) The members of staff of the Service shall be paid such remuneration or allowances as the Board may, in consultation with the Salaries and Remuneration Commission, determine.

Section 27Verify source

§ 28MANAGEMENT AND STAFF OF THE SERVICE - 28. Common seal of the ServiceProvision

The Board directs custody of the Service's common seal; the seal must be authenticated by the chairperson or a person authorized by Board resolution when affixed; an affixed and authenticated seal is judicially and officially noticed.

Section 28. Common seal of the Service Section 28(1) The common seal of the Service shall be kept in such custody as the Board shall direct and shall not be used except on the order of the Board. Section 28(2) The affixing of the common seal shall be authenticated by the chairperson or any other person authorized by a resolution of the Board. Section 28(3) The common seal of the Service shall, when affixed to a document and duly authenticated, be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Board under this section shall be presumed to have been duly given.

Section 28Verify source

Part IX

ENFORCEMENT OF CONDITIONS OF GRANT OF LEGAL AID

§ 69ENFORCEMENT OF CONDITIONS OF GRANT OF LEGAL AID - 69. Terms of provision of funded servicesProvision

Aided persons must pay service costs or prescribed contributions when their financial resources or conduct make them liable, and must pay agreed payments in disputes when they have agreed to do so.

Section 69. Terms of provision of funded services Section 69(1)(a) pay a fee of such amount as may be determined by the Service; Section 69(1)(b) if the financial resources of the aided person are, or relevant conduct is, such as to make the aided person liable to do so, pay the cost of the services or make a contribution in respect of the cost of the services of such amount as may be prescribed; or Section 69(1)(c) if the services relate to a dispute and the aided person has agreed to make a payment (which may exceed the cost of the services) only in specified circumstances, make in those circumstances a payment of the amount agreed or determined in the manner agreed by the aided person. Section 69(2) For purposes of this section, "relevant conduct" means conduct in connection with the services, an application for funding or any proceedings in relation to which they are provided.

Section 69Verify source

§ 70ENFORCEMENT OF CONDITIONS OF GRANT OF LEGAL AID - 70. Recovery of costs and benefitsProvision

If the Service or an accredited advocate assisted an aided person who is awarded costs, the aided person is deemed to have surrendered those costs to the Service, and the Service is entitled to them; if an aided person receives damages, the aided person is entitled to the award but the Service may deduct costs it incurred.

Section 70. Recovery of costs and benefits Section 70(1) Where the Service or an advocate who is accredited under section 59 (1) has assisted an aided person who has been awarded costs in any proceedings, the aided person is deemed to have surrendered the costs to the Service, and the Service shall be entitled to such costs. Section 70(2) Where an aided person has been compensated through an award of damages in any proceedings, such person shall be entitled to the award, provided that the service shall have the right to deduct from the award, the costs it incurred in respect of the proceedings.

Section 70Verify source

§ 71ENFORCEMENT OF CONDITIONS OF GRANT OF LEGAL AID - 71. Enforcement of judgmentProvision

A legal aid provider must take the necessary steps to enforce a judgment or an out-of-court settlement to recover the proceeds of proceedings.

Section 71. Enforcement of judgment Section A legal aid provider shall take the steps necessary to enforce a judgment or an out-of-court settlement in order to recover the proceeds of proceedings.

Section 71Verify source

Part V

THE LEGAL AID FUND

§ 29THE LEGAL AID FUND - 29. Establishment of Legal Aid FundProvision

Establishes the Legal Aid Fund which vests in and is to be managed by the Service; the Service must open and maintain necessary bank accounts for monies payable to the Fund and the Fund may receive specified sources of money.

Section 29. Establishment of Legal Aid Fund Section 29(1) There is established a fund, to be known as the Legal Aid Fund, which shall vest in and be managed by the Service. Section 29(2)(a) moneys allocated by Parliament for the purposes of the Service; Section 29(2)(b) any grants, gifts, donations, loans or other endowments given to the Service; Section 29(2)(c) such funds as may vest in or accrue to the Service in the course of the exercise of its powers or the performance of its functions under this Act; and Section 29(2)(d) moneys from any other lawful source accruing to the Fund. Section 29(3) The Service shall open and maintain such bank accounts as are necessary into which shall be paid monies payable to the Fund.

Section 29Verify source

§ 30THE LEGAL AID FUND - 30. Application of the FundProvision

The Fund must defray expenses for representing persons granted legal aid in accordance with this Act.

Section 30. Application of the Fund Section defray the expenses incurred in the representation of persons granted legal aid in accordance with this Act;

Section 30Verify source

§ 31THE LEGAL AID FUND - 31. Financial YearProvision

The financial year of the Fund is a period of twelve months running from 1 July to 30 June of the following year.

Section 31. Financial Year Section The financial year of the Fund shall be the period of twelve months commencing on the first of July and ending on the thirtieth June of the subsequent year.

Section 31Verify source

§ 32THE LEGAL AID FUND - 32. Annual estimatesCommencement

The Board must prepare annual revenue and expenditure estimates and submit them for approval before the financial year starts.

Section 32. Annual estimates Section 32(1) At least three months before the commencement of each financial year the Board shall cause to be prepared estimates of the revenue and expenditure of the Service for that financial year. Section 32(2)(a) the expenses stipulated in section 30 ; Section 32(2)(b) the payment of salaries, allowances and other charges in respect of the members of the Board and staff of the Service; Section 32(2)(c) the payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Service; Section 32(2)(d) the proper maintenance of the buildings and grounds of the Service; Section 32(2)(e) the maintenance, repair and replacement of the equipment and other property of the Service; Section 32(2)(f) the funding of training, research and development activities of the Service; Section 32(2)(g) the creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Service may think fit; and Section 32(2)(h) any other expenditure necessary for the purposes of this Act. Section 32(3) The annual estimates shall be approved by the Board of the Service before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Service shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 32Verify source

§ 33THE LEGAL AID FUND - 33. Investment of fundsProvision

The Service may invest funds not immediately required for its purposes subject to Cabinet Secretary approval; the Board may place or deposit money not immediately required with banks.

Section 33. Investment of funds Section 33(1) The Service may, subject to the approval of the Cabinet Secretary for the time being responsible for matters relating to finance, invest any funds not immediately required for its purposes, as it may determine. Section 33(2) The Board may place or deposit with such bank or banks as it may determine any money not immediately required for the purposes of the Board.

Section 33Verify source

§ 34THE LEGAL AID FUND - 34. Accounts and AuditProvision

The Board must keep proper accounting books and the Service's annual accounts must be prepared, audited and reported in line with constitutional and public audit law.

Section 34. Accounts and Audit Section 34(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Service. Section 34(2)(a) statement of the income and expenditure of the Service during that year; and Section 34(2)(b) statement of the assets and liabilities of the Service on the last day of that financial year. Section 34(3) The annual accounts of the Service shall be prepared, audited and reported upon in accordance with the provisions the Article 226 and 229 of the Constitution and the law relating to public audit.

Section 34Verify source

Part VI

LEGAL AID SERVICES

§ 35LEGAL AID SERVICES - 35. General principles of legal aidProvision

The Service must provide legal aid services at State expense to persons who qualify under the Act and must set up a cost‑effective system within its available finances.

Section 35. General principles of legal aid Section 35(1) The Service shall provide legal aid services at the expense of the State to persons who qualify for legal aid services under this Act. Section 35(2)(a) civil matters; Section 35(2)(b) criminal matters; Section 35(2)(c) children matters; Section 35(2)(d) constitutional matters; Section 35(2)(e) matters of public interest; or Section 35(2)(f) any other type of case or type of law that the Service may approve. Section 35(3)(a) determine the legal needs of indigent persons and of disadvantaged communities in Kenya; Section 35(3)(b) establish priorities for the areas of law, types of proceedings for which it will provide legal aid services; and Section 35(3)(c) formulate policies for the kind of legal aid services to be provided in the different areas of law, types of cases and types of proceedings. Section 35(4) The Service shall establish and administer a cost effective and efficient system for providing high quality legal services within the financial resources available to the Service. Section 35(5)(a) the assistance or representation through legal aid shall not affect the relationship between the rights of an advocate and a client or any privilege arising out of such relationship; and Section 35(5)(b) the rights conferred by this Act on an aided person shall not affect the rights or liabilities of any other parties to any proceedings or the principles on which the discretion of any court is normally exercised.

Section 35Verify source

§ 36LEGAL AID SERVICES - 36. Persons eligible for legal aidProvision

Section 36 lists categories of persons eligible for legal aid, requires eligible persons to apply to the Service in the prescribed manner, and states that a person shall not receive legal aid unless the Service determines financial eligibility.

Section 36. Persons eligible for legal aid Section 36(1)(a) a citizen of Kenya; Section 36(1)(b) a child; Section 36(1)(c) a refugee under the Refugees Act (Cap. 173); Section 36(1)(d) a victim of human trafficking; or Section 36(1)(e) an internally displaced person; or Section 36(1)(f) a stateless person. Section 36(2) A person who is eligible to receive legal aid services under subsection (1) shall apply to the Service in the prescribed manner. Section 36(3) A person shall not receive legal aid services unless the Service has determined that the individual's financial resources are such that the person is eligible for the services. Section 36(4)(a) the cost of the proceedings is justifiable in the light of the expected benefits; Section 36(4)(b) resources are available to meet the cost of the legal aid services sought; Section 36(4)(c) it is appropriate to offer the services having regard to the present and future demands; Section 36(4)(d) the nature, seriousness and importance of the proceedings to the individual justify such expense; Section 36(4)(e) the claim in respect of which legal aid is sought has a probability of success; Section 36(4)(f) the conduct of the person warrants such assistance; Section 36(4)(g) the proceedings relate to a matter that is of public interest; Section 36(4)(h) the proceedings are likely to occasion the loss of any right or the person may suffer damages; Section 36(4)(i) the proceedings may involve expert cross-examination of witnesses or other complexity; Section 36(4)(j) it is in the interest of a third party that the person be represented; Section 36(4)(k) denial of legal aid would result in substantial injustice to the applicant; or Section 36(4)(l) there exists any other reasonable ground to justify the grant of legal aid.

Section 36Verify source

§ 37LEGAL AID SERVICES - 37. Legal aid not available in certain civil mattersProvision

Legal aid is not available in certain civil matters to a company, corporation, trust, public institution, civil society, Non-Governmental Organization or other artificial person.

Section 37. Legal aid not available in certain civil matters Section to a company, corporation, trust, public institution, civil society, Non-Governmental Organization or other artificial person;

Section 37Verify source

§ 38LEGAL AID SERVICES - 38. Several parties to a suitProvision

The Service may grant legal aid to an applicant where multiple persons share the same interest and the applicant can sue or has been sued on behalf of them; and, except for public interest matters, may grant limited legal aid to preserve an applicant's right to relief when they have the right to be joined with others as a plaintiff.

Section 38. Several parties to a suit Section 38(1) The Service may grant legal aid to an applicant in a matter in which more than one person is a party with the same interest and the applicant is entitled to sue or has been sued on behalf of all those persons. Section 38(2) Except in the case of public interest matters, if an applicant has the right to be joined with others as a plaintiff in one action because a common question of law or fact arises, the Service may grant legal aid to the applicant that is limited to the proceedings necessary to preserve the applicant's right to relief.

Section 38Verify source

§ 39LEGAL AID SERVICES - 39. Alternative dispute resolutionProvision

The Service may recommend aided persons to alternative dispute resolution and may provide such ADR services at the Service's expense.

Section 39. Alternative dispute resolution Section 39(1) The Service may, where it deems it necessary, recommend an aided person to alternative forms of dispute resolution and may for that purpose, provide the aided person with such services at the expense of the Service. Section 39(2)(a) an employee of the Service; or Section 39(2)(b) a person or institution with expertise in the area of alternative dispute resolution that is engaged by the Service specifically to conduct an alternative dispute resolution programme.

Section 39Verify source

Part VII

APPLICATION FOR LEGAL AID

§ 40APPLICATION FOR LEGAL AID - 40. Application for legal aidProvision

People seeking legal aid must apply in writing to the Service, and must do so before the final determination of the matter.

Section 40. Application for legal aid Section 40(1) A person who wishes to receive legal aid, shall apply to the Service in writing. Section 40(2) Where a person wishes to apply for legal aid the person shall apply before the final determination of the matter by a court, tribunal or any other forum to which the application relates. Section 40(3) An application under subsection (1) shall be assessed, with respect to the applicants' eligibility for legal aid services in accordance with this Act.

Section 40Verify source

§ 41APPLICATION FOR LEGAL AID - 41. Persons who may apply for legal aidProvision

The applicant may apply for legal aid in person.

Section 41. Persons who may apply for legal aid Section the applicant in person;

Section 41Verify source

§ 42APPLICATION FOR LEGAL AID - 42. Persons in lawful custodyOffence

Section 42 requires that persons held in custody are informed, in a language they understand, about availability of legal aid and asked if they wish to seek it; a register of names and responses must be maintained; a custody person wishing to apply must make a legal aid application form and the Service must be informed within twenty-four hours; and a person who willfully obstructs someone in custody from applying commits an offence.

Section 42. Persons in lawful custody Section 42(1)(a) ensure that every person held in custody, is informed, in language that the person understands, of the availability of legal aid on being admitted to custody and is asked whether he or she desires to seek legal aid; Section 42(1)(b) maintain a register in which shall be entered the name of every person held there and the response of each such person when asked if he or she desires to seek legal aid; and Section 42(1)(c) ensure that a legal aid application form is made by a person in their custody wishing to apply for legal aid and shall inform the Service of the application within twenty-four hours of the making of the application. Section 42(2) A person who willfully obstructs a person held in lawful custody from applying for legal aid commits an offence.

Section 42Verify source

§ 43APPLICATION FOR LEGAL AID - 43. Duties of the courtOffence

Courts must inform accused persons of rights to legal representation and may order the Service to provide representation; the Service must provide legal aid under the Act.

Section 43. Duties of the court Section 43(1)(a) promptly inform the accused of his or her right to legal representation; Section 43(1)(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 Section 43(1)(c) inform the Service to provide legal aid to the accused person. Section 43(1A)(a) the severity of the charge and sentence; Section 43(1A)(b) the complexity of the case; and Section 43(1A)(c) the capacity of the accused to defend themselves. Section 43(2) The Service shall provide legal aid to the accused person in accordance with this Act. Section 43(3) Where a child is brought before a court in proceedings under the Children Act (Cap. 141) or any other written law, the court may where the child is unrepresented, order the Service to provide legal representation for the child. Section 43(4) Where an accused person is brought before the court and is charged with an offence punishable by death, the court shall, where the accused is unrepresented, order the Service to provide legal representation for the accused. Section 43(5) The provision of legal representation under sub-section (4) shall be subject to the criteria for eligibility for legal aid under this Act. Section 43(6) Despite the provisions of this section, lack of legal representation shall not be a bar to the continuation of proceedings against a person. [Act No. 11 of 2017 , Sch.]

Section 43Verify source

§ 44APPLICATION FOR LEGAL AID - 44. Decision on application for legal aidProvision

The Service must decide every application for legal aid without undue delay and not later than forty eight hours from receipt.

Section 44. Decision on application for legal aid Section 44(1)(a) grant legal aid to the applicant subject to such terms and conditions as the Service considers appropriate; Section 44(1)(b) grant legal aid to the applicant on an interim basis pending further consideration of the application; or Section 44(1)(c) refuse to grant legal aid to the applicant. Section 44(2)(a) the conditions, if any, attaching to the grant; Section 44(2)(b) the name of the accredited legal aid provider assigned to the aided person; and Section 44(2)(c) may specify a maximum grant. Section 44(3) The Service shall make a decision on every application for legal aid without undue delay but not later than forty eight hours from the date of receipt, by the Service, of such application. Section 44(4)(a) the conditions, if any, attaching to the grant of legal aid; Section 44(4)(b) the matter for which the legal aid is granted or not granted; Section 44(4)(c) the date on which the grant of legal aid takes effect; Section 44(4)(d) the benefits included in the grant of legal aid; Section 44(4)(e) the possible deductible amount from the grant to the aided person; and Section 44(4)(f) the name of the legal aid provider assigned to the aided person. Section 44(5) The conditions referred to in subsection (4)(a) shall specify the amount, if any, that shall be payable by the applicant to the Service on account of costs recovered by the applicant in the proceedings in respect of which legal aid was provided. Section 44(6) Where the Service grants legal aid the Service shall issue a certificate of grant of legal aid to a successful applicant and shall send a copy of the certificate to the designated legal aid provider. Section 44(7)(a) the reasons for refusal to grant legal aid; and Section 44(7)(b) the right to seek review of the decision of the Service and of appeal to the High Court.

Section 44Verify source

§ 45APPLICATION FOR LEGAL AID - 45. Notification of other partiesProvision

When legal aid is granted or withdrawn, the legal aid provider must immediately notify every other party and the Registrar; the provider must also notify any person who later becomes a party.

Section 45. Notification of other parties Section 45(1) Where a party to civil proceedings is granted legal aid, the legal aid provider under the grant shall immediately give notice of that fact to every other party to the proceedings, and to the Registrar of the relevant court. Section 45(2) If any other person subsequently becomes a party to the proceedings, the legal aid provider shall give notice to the new party. Section 45(3) If the grant of legal aid is withdrawn, the legal aid provider under the grant shall immediately notify all parties to the proceedings and the Registrar of the relevant court, of that fact.

Section 45Verify source

§ 46APPLICATION FOR LEGAL AID - 46. Notification of change in circumstancesProvision

Requires notification of increases in income or disposable capital and changes of address relevant to legal aid eligibility; waives privilege for aided persons for compliance purposes; the Service may deny or recover payments if advocates or providers fail to provide required information.

Section 46. Notification of change in circumstances Section 46(1)(a) any increase in the income or disposable capital of the applicant by an amount that may affect the aided person's eligibility for legal aid; and Section 46(1)(b) any change in the address of the applicant, aided person or of the person acting for the aided person. Section 46(2) For the purposes of subsection (1), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person acting for the aided person from complying with that subsection. Section 46(3)(a) shall cancel the certificate issued under section 44 (6) and cease to provide legal aid services to the aided person; Section 46(3)(b) may declare that, with respect to part of the legal aid services rendered, the aided person is not entitled to legal aid services; and Section 46(3)(c) may recover from the aided person the amount that it has paid or is obligated to pay to the legal aid provider. Section 46(4) Where an advocate or legal aid service provider knowingly fails to give information under subsection (1) (a), the Service shall, with respect to part or all of the legal aid services declare that the advocate, or service provider is not entitled to payment by the Service and, if any payment has already been made for such services, the Service shall recover the amount it has paid for services rendered after the date of the failure to discharge the obligation.

Section 46Verify source

§ 47APPLICATION FOR LEGAL AID - 47. Financial informationProvision

The Service may require an aided person to provide up-to-date information about the person's financial means when the Service needs it to make a decision under this Act.

Section 47. Financial information Section The Service may require an aided person to provide up-to-date information about the person's financial means if the Service requires the information to make any decision under this Act.

Section 47Verify source

§ 48APPLICATION FOR LEGAL AID - 48. Variation of a decision to provide legal aidProvision

The Service must give the aided person written notice of a subsection (1) decision within fifteen days.

Section 48. Variation of a decision to provide legal aid Section 48(1)(a) terminate the provision of legal aid services; Section 48(1)(b) alter the nature or extent of the legal aid services, including the variation of a decision relating to the person or persons who will provide the legal aid services; Section 48(1)(c) make the provision of legal aid services subject to conditions; or Section 48(1)(d) alter a condition to which the provision of legal aid services is subject. Section 48(2) The Service shall issue a notice of the decision under subsection (1) to the aided person within fifteen days of the decision.

Section 48Verify source

§ 49APPLICATION FOR LEGAL AID - 49. Application for review of grant of legal aid by aided personProvision

An aided person may apply to the Service for a review of the grant of legal aid where a decision has been made on an application for legal aid.

Section 49. Application for review of grant of legal aid by aided person Section 49(1) Where a decision has been made in relation to an application for legal aid, the aided person may apply to the Service for a review of the grant of legal aid in accordance with this Act. Section 49(2)(a) any conditions imposed on a grant of legal aid; Section 49(2)(b) the suspension or cancellation of the accreditation of a legal aid provider; Section 49(2)(c) any amount payable by the applicant, under a grant of legal aid; Section 49(2)(d) the appointment of any legal aid provider in a grant of legal aid; Section 49(2)(e) the maximum grant; or Section 49(2)(f) the withdrawal of, or variation of the terms or conditions on which legal aid is granted. Section 49(3)(a) reject the application for review; Section 49(3)(b) vary the terms on which the grant was made; or Section 49(3)(c) review its decision to grant legal aid.

Section 49Verify source

§ 50APPLICATION FOR LEGAL AID - 50. Application for review by a legal aid providerProvision

A legal aid provider appointed by the Service who is aggrieved by a decision about an amount payable by the Service may apply to the Service for a review of that decision.

Section 50. Application for review by a legal aid provider Section Any legal aid provider appointed by the Service who is aggrieved by a decision of the Service in respect of an amount payable by the Service to the legal aid provider may apply to the Service to review its decision.

Section 50Verify source

§ 51APPLICATION FOR LEGAL AID - 51. Review of decision of the ServiceProvision

The Service must send written notice of its decision within seven days to the aided person and the designated legal aid provider; after that notice the Service is not liable for costs incurred, and services provided after cessation of legal aid are not the Service's responsibility.

Section 51. Review of decision of the Service Section 51(1)(a) the conditions on which legal aid was granted have substantially changed; or Section 51(1)(b) the aided person has for any reason ceased to be eligible for legal aid. Section 51(2) The Service shall send a written notice of its decision to the aided person and the designated legal aid provider within seven days of such decision. Section 51(3) The Service shall not be liable for any costs incurred by the aided person and the legal aid provider, subsequent to service upon them of the notice specified in subsection (2). Section 51(4) Where an aided person is no longer entitled to legal aid, any service by a legal aid provider subsequent to cessation of legal aid shall not be the responsibility of the Service.

Section 51Verify source

§ 52APPLICATION FOR LEGAL AID - 52. Withdrawal of legal aidProvision

Sets what must be included in a withdrawal notice, allows aided persons or legal aid providers to object within 14 days, requires the Service to notify of its final decision within 14 days of an objection, and requires the Service to notify parties and the Court within 7 days when a grant is withdrawn.

Section 52. Withdrawal of legal aid Section 52(1)(a) the intention to withdraw legal aid; Section 52(1)(b) the reasons for the decision to withdraw legal aid; and Section 52(1)(c) the right of the aided person to seek a review of the decision. Section 52(2) An aided person or a legal aid provider who is served a notice pursuant to subsection (1) may, within fourteen days of receipt of the notice, submit a written statement of objection to the intended withdrawal to the Service. Section 52(3) The Service shall, within fourteen days of receipt of the statement of objection specified in subsection (2) notify the aided person or legal aid provider of its final decision. Section 52(4) Where a grant of legal aid is withdrawn, the Service shall within seven days notify the aided person, the legal aid provider and the Court of the date on which the withdrawal takes effect.

Section 52Verify source

§ 53APPLICATION FOR LEGAL AID - 53. Consequences of withdrawal of legal aidProvision

When legal aid is withdrawn, certain obligations arise for the aided person and the Service; the Service and legal aid providers have rights to enforce or recover amounts, and providers must apply to Court to stop providing services.

Section 53. Consequences of withdrawal of legal aid Section 53(1)(a) obligations of the aided person arising out of the conditions of the grant; Section 53(1)(b) the rights of the Service to enforce the obligations arising out of the conditions of the grant; or Section 53(1)(c) the obligations of the Service to pay for services provided under the grant before the date of withdrawal. Section 53(2) If legal aid is withdrawn in respect of an aided person, the legal aid provider has the right to recover from the aided person the difference between the amount paid or payable by the Service under this Act and the full amount of that legal aid provider's fees and disbursements. Section 53(3) For the purposes of subsection (2), the amount payable by the Service shall be for services rendered by the legal aid provider prior to the receipt of notice of withdrawal. Section 53(4) Upon the withdrawal of legal aid, a legal aid provider shall apply for leave of Court to cease providing legal aid services in the relevant case.

Section 53Verify source

§ 54APPLICATION FOR LEGAL AID - 54. Termination of legal aid providers' mandate by aided personProvision

An aided person may apply to terminate a designated legal aid provider for good cause; the Service must notify the provider within seven days, must appoint another provider, must follow the Fair Administrative Action Act when deciding, providers may make representations, and a terminated provider is entitled to payment for prior services.

Section 54. Termination of legal aid providers' mandate by aided person Section 54(1) An aided person may apply to the Service to terminate the services of a designated legal aid provider for good cause and the Service shall appoint another legal aid provider to represent the aided person. Section 54(2) The Service shall give written notice of any application made under subsection (1) to the legal aid provider whose services are to be terminated within seven days of receipt of such application. Section 54(3) The legal aid provider may make representations on his own behalf in response to the application of the aided person. Section 54(4) In determining an application for termination of the services of a designated legal aid provider, the Service shall be guided by the Fair Administrative Action Act (Cap. 7L). Section 54(5) A legal aid provider whose services are terminated under this section shall be entitled to payment for services rendered at the request of the Service, prior to the date of termination.

Section 54Verify source

§ 55APPLICATION FOR LEGAL AID - 55. Appeal to High CourtProvision

An applicant, an aided person or a legal aid provider who is aggrieved by a decision of the Service may appeal to the High Court within thirty days of the decision.

Section 55. Appeal to High Court Section An applicant, an aided person or a legal aid provider who is aggrieved by a decision of the Service may appeal to the High Court within thirty days of the decision.

Section 55Verify source

Part VIII

ACCREDITATION OF LEGAL AID PROVIDERS

§ 56ACCREDITATION OF LEGAL AID PROVIDERS - 56. Provision of legal aidProvision

A person or organization shall not provide legal aid services under this Act unless accredited to provide those services.

Section 56. Provision of legal aid Section A person or organization shall not provide legal aid services under this Act unless that person or organization is accredited to provide those services.

Section 56Verify source

§ 57ACCREDITATION OF LEGAL AID PROVIDERS - 57. Accreditation criteriaProvision

The Service must, through regulation, develop and adopt accreditation criteria for persons and institutions to provide legal aid services, and must consult specified bodies when developing those criteria.

Section 57. Accreditation criteria Section 57(1) The Service shall, through regulation, develop and adopt criteria for accreditation of persons and institutions to provide legal aid services. Section 57(2) In developing accreditation criteria, the Service shall consult with the Law Society of Kenya, the Attorney-General, the Director of Public Prosecutions, public benefit organizations and any other person that the Service considers necessary.

Section 57Verify source

§ 58ACCREDITATION OF LEGAL AID PROVIDERS - 58. Application for accreditationOffence

Persons or organisations who wish to provide legal aid services must apply to the Service for accreditation in the prescribed manner.

Section 58. Application for accreditation Section 58(1) A person or organization wishing to provide legal aid services shall apply to the Service for accreditation in the prescribed manner. Section 58(2)(a) gives false information in an application for accreditation; Section 58(2)(b) purports to provide legal aid services under this Act as an accredited legal aid provider without accreditation, commits an offence.

Section 58Verify source

§ 59ACCREDITATION OF LEGAL AID PROVIDERS - 59. Accreditation of legal aid providersProvision

The Service may accredit a person or an institution providing the services prescribed by the Service.

Section 59. Accreditation of legal aid providers Section The Service may accredit a person or an institution providing the services prescribed by the Service.

Section 59Verify source

§ 60ACCREDITATION OF LEGAL AID PROVIDERS - 60. Register of accredited legal aid providersProvision

Section 60 prescribes the contents of the register of accredited legal aid providers and requires the register to be publicized and made available, including in electronic or accessible formats.

Section 60. Register of accredited legal aid providers Section 60(1)(a) the personal details and contact addresses of all accredited legal aid providers; Section 60(1)(b) in the case of a registered association or a public benefit organization, the nature of the association or organization and the particulars of its registration; Section 60(1)(c) the nature of services in respect of which the legal aid providers are accredited; Section 60(1)(d) the number of cases being handled by the legal aid provider at any given time; and Section 60(1)(e) any other matter prescribed by regulations. Section 60(2)(a) is publicized, placed or posted and made available for inspection at no charge by members of the public at police stations, courts, prisons and such other public places as may be determined by the Service; and Section 60(2)(b) is available in electronic form or other accessible formats.

Section 60Verify source

§ 61ACCREDITATION OF LEGAL AID PROVIDERS - 61. Obligations relating to professional conductProvision

The Service must develop a code of conduct for accredited legal aid providers; providing services under this Act does not affect providers' existing rights, obligations, responsibilities, or duties under their professional bodies (except as expressly provided by or under the Act).

Section 61. Obligations relating to professional conduct Section 61(1) Except as may be expressly provided for by or under this Act, the fact that a legal aid provider provides services under this Act does not in any way affect that provider's obligations under any rules or codes of conduct of any professional or similar body to which that provider belongs, nor does it in any way affect their rights, obligations, responsibilities, or duties as a member of such body. Section 61(2) The Service shall develop a code of conduct to apply to accredited legal aid providers. Section 61(3)(a) the protection of the rights and interests of an aided person; Section 61(3)(b) duties to the aided person, the Service, court or tribunal; Section 61(3)(c) conflict of interest; Section 61(3)(d) observance of confidentiality; Section 61(3)(e) in the case of professionals, the duty to observe prescribed ethical standards of their respective professional bodies; and Section 61(3)(f) probity and ethical conduct.

Section 61Verify source

§ 62ACCREDITATION OF LEGAL AID PROVIDERS - 62. Unauthorized paymentsOffence

Legal aid providers, their agents, and staff must not demand, request, or receive payment from aided persons for services under this Act unless that payment is authorized by the Act; anyone who does so commits an offence.

Section 62. Unauthorized payments Section 62(1) No legal aid provider, agent or staff of the Service shall demand, request or receive payment from or in respect of an aided person, in relation to services rendered under this Act, unless such payment is authorized under this Act. Section 62(2) Any person who demands, requests or receives the payment specified under subsection (1) commits an offence.

Section 62Verify source

§ 63ACCREDITATION OF LEGAL AID PROVIDERS - 63. Legal aid disbursementsProvision

An accredited legal aid provider must pay all disbursements for a matter in which legal aid was granted and may claim reimbursement of those costs.

Section 63. Legal aid disbursements Section Except as otherwise authorized by the Service, an accredited legal aid provider shall pay all disbursements relating to a matter in which legal aid has been granted and may claim for reimbursement of those costs.

Section 63Verify source

§ 64ACCREDITATION OF LEGAL AID PROVIDERS - 64. Protection of interests of the ServiceProvision

Legal aid providers must inform the Service if they are aware the aided person is avoiding payments; if such duties are not fulfilled, the Service may deduct those amounts from money it owes that person.

Section 64. Protection of interests of the Service Section 64(1)(a) take all reasonable steps to protect the interests of the Service and the aided person; and Section 64(1)(b) inform the Service if the legal aid provider is aware that the aided person has avoided, is avoiding, or is attempting to avoid making payments to the Service from proceeds of proceedings. Section 64(2) If a person to whom subsection (1) applies fails to fulfill his or her duties under that subsection, the money that should have been paid to the Service or from proceeds of proceedings, may be deducted from any money owing, by the Service, to that person.

Section 64Verify source

§ 65ACCREDITATION OF LEGAL AID PROVIDERS - 65. Records, monitoring and evaluationProvision

The Service shall monitor and evaluate the activities and the quality of legal representation offered by a legal aid provider under subsection (1).

Section 65. Records, monitoring and evaluation Section 65(1)(a) keep proper records of activities undertaken on behalf of an aided person; and Section 65(1)(b) provide legal services, as prescribed by the Service. Section 65(2) The Service shall monitor and evaluate the activities and the quality of legal representation offered by a legal aid provider under sub-section (1).

Section 65Verify source

§ 66ACCREDITATION OF LEGAL AID PROVIDERS - 66. Suspension of accreditationOffence

Section 66 sets out suspension rules for accredited legal aid providers, including notice, cessation of service, payment consequences, review requests, and Service notification timelines.

Section 66. Suspension of accreditation Section 66(1)(a) is in breach of the code of conduct prescribed under this Act, a code of conduct prescribed by the relevant professional body or under any other written law; Section 66(1)(b) is convicted of an offence; Section 66(1)(c) is subject to disciplinary procedures before the relevant professional body of which he or she is a member; or Section 66(1)(d) fails to keep proper records of activities undertaken on behalf of an aided person or to provide legal services, and the Service considers that this shall have an adverse effect on the interests of the aided person generally or in any particular case. Section 66(2) The Service shall give written notice of its decision to suspend the accreditation of a legal aid provider within seven days of the suspension. Section 66(3) A legal aid provider whose accreditation is suspended shall cease to provide the relevant service, and the Service shall not be liable to pay for any service rendered to an aided person after the date on which the suspension takes effect. Section 66(4) A legal aid provider whose accreditation is suspended may request the Service to review its decision within fourteen days of receipt of the notice of suspension. Section 66(5) The Service shall, within twenty eight days of receipt of the request specified in sub-section (4) notify the aided person or legal aid provider of its decision.

Section 66Verify source

§ 67ACCREDITATION OF LEGAL AID PROVIDERS - 67. Cancellation of accreditationOffence

The Service may cancel a provider's accreditation for specified reasons; when it cancels, the Service must give written notice within seven days, the provider must stop providing the service, the Service will not pay for services after cancellation, and the provider may request a review within fourteen days.

Section 67. Cancellation of accreditation Section 67(1)(a) the Service is satisfied that the accreditation was obtained by mistake, fraud, undue influence or misrepresentation; Section 67(1)(b) does not meet the accreditation criteria, whether or not that criteria was adopted before or after the accreditation was given; Section 67(1)(b)(i) does not meet the accreditation criteria, whether or not that criteria was adopted before or after the accreditation was given; Section 67(1)(b)(ii) is not providing, or has not provided, the service for which they are accredited to the prescribed standard; Section 67(1)(b)(iii) has been adjudged bankrupt, is insolvent or has entered into an arrangement with his or her creditors; Section 67(1)(b)(iv) has failed to comply with one or more of the conditions of the accreditation; or Section 67(1)(b)(v) is convicted of an integrity related offence which touches on his or her integrity, accountability, or is subject to an order made under the relevant body. Section 67(2) The Service shall give written notice of its decision to cancel the accreditation of a legal aid provider under subsection (1) to the legal aid provider within seven days of the cancellation. Section 67(3) A legal aid provider whose accreditation is cancelled shall cease to provide the relevant service, and the Service shall not pay for any services provided after the date on which the cancellation takes effect. Section 67(4) A legal aid provider whose accreditation is cancelled may request the Service to review its decision within fourteen days of receipt of the notice of cancellation.

Section 67Verify source

§ 68ACCREDITATION OF LEGAL AID PROVIDERS - 68. Legal advice and assistance by paralegalsOffence

Accredited paralegals employed by the Service or supervised by an accredited body may provide legal advice and assistance; they must not charge fees to persons who qualify for legal aid, and charging such a fee is an offence.

Section 68. Legal advice and assistance by paralegals Section 68(1) An accredited paralegal employed by the Service or supervised by an accredited body may provide legal advice and assistance in accordance with this Act. Section 68(2) An accredited paralegal shall not demand payment of a fee from a person who qualifies for legal aid under this Act. Section 68(3) An accredited paralegal who demands payment of a fee as specified under subsection (2) commits an offence.

Section 68Verify source

Part X

AWARD OF COSTS IN CIVIL PROCEEDINGS

§ 72AWARD OF COSTS IN CIVIL PROCEEDINGS - 72. Liability of aided person for costsProvision

The court shall not award costs against a person who received legal aid and lost, except in specified exceptional circumstances.

Section 72. Liability of aided person for costs Section 72(1) If an aided person receives legal aid for civil proceedings and loses the case, the court shall not award an order of costs against the aided person, unless there are exceptional circumstances. Section 72(2)(a) conduct that causes the other party to incur unnecessary costs; Section 72(2)(b) misleading or deceitful conduct; Section 72(2)(c) unreasonable pursuit of one or more issues on which the aided person fails; Section 72(2)(d) unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution; or Section 72(2)(e) other conduct that abuses the processes of the court.

Section 72Verify source

§ 73AWARD OF COSTS IN CIVIL PROCEEDINGS - 73. Costs against an aided personProvision

If an order is made under section 72 that an aided person is liable for costs, the Service is not liable to pay those costs.

Section 73. Costs against an aided person Section If an order is made under section 72 specifying that an aided person is liable for costs, the Service shall not be liable for the payment of such costs.

Section 73Verify source

§ 74AWARD OF COSTS IN CIVIL PROCEEDINGS - 74. Aided person not required to provide security for costsProvision

An aided person is not required to provide security for costs in litigation or appeals, except in exceptional circumstances; also, an order for security for costs cannot be enforced against the Service or an accredited legal aid provider.

Section 74. Aided person not required to provide security for costs Section 74(1) Unless there are exceptional circumstances, an aided person shall not be required to provide security for costs during litigation or appeal proceedings. Section 74(2) An order of security for costs made in any proceedings against any person to whom legal aid services are rendered under this Act shall not be enforceable against the Service or any accredited legal aid provider.

Section 74Verify source

Part XI

PAYMENT FOR LEGAL AID SERVICES

§ 75PAYMENT FOR LEGAL AID SERVICES - 75. Fees payableProvision

The Service must determine scales of fees payable to contracted legal aid providers, consulting relevant professional bodies; in exceptional circumstances it may enter agreements on different terms; the scale fees must be less than fees for persons not aided by the Service.

Section 75. Fees payable Section 75(1) The Service shall, in consultation with relevant professional bodies, determine the scales of fees payable to legal aid providers contracted by the Service in the performance of its functions under this Act. Section 75(2)(a) sustainability of the legal aid scheme; Section 75(2)(b) reasonableness; Section 75(2)(c) accessibility of legal aid services; and Section 75(2)(d) extending the Service to as many beneficiaries as possible. Section 75(3) Notwithstanding the provisions of subsection (1), the Service may, in exceptional circumstances, enter into an agreement with a legal aid provider to provide services under this Act on such terms as may be agreed between the legal aid provider and the Service. Section 75(4) The scale fees determined by the Service shall be less than the legal fee applicable to persons not aided by the Service.

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§ 76PAYMENT FOR LEGAL AID SERVICES - 76. Claim for payment by legal aid providerProvision

Legal aid providers may claim payment for fees or charges due to them.

Section 76. Claim for payment by legal aid provider Section the fees claimed by, or the charges due to the legal aid provider;

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§ 77PAYMENT FOR LEGAL AID SERVICES - 77. Examination and audit of claims by legal aid providersProvision

The Service must examine every claim or part of a claim to ensure it matches approved rates and the applicable agreement; the Service may audit the quality and value of services provided by legal aid providers paid by the Service.

Section 77. Examination and audit of claims by legal aid providers Section 77(1) Every claim, or part of a claim, shall be examined by the Service to ensure that the claim or part of a claim is in accordance with the approved rates and applicable agreement. Section 77(2) The Service may audit the quality and value of the services provided by the legal aid provider that have been, or may be, paid for by the Service. Section 77(3)(a) all documents under the control of the legal aid provider that relate to the claim under examination; or Section 77(3)(b) matters for which the legal aid provider has claimed or may claim payment from the Service.

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§ 78PAYMENT FOR LEGAL AID SERVICES - 78. Service to pay approved claimsProvision

The Service must pay legal aid providers for every claim (or part of a claim) it approves, and the Service must not withhold payment of part of a claim because another part is deferred or declined.

Section 78. Service to pay approved claims Section 78(1) The Service shall pay a legal aid provider in respect of every claim or part of a claim that the Service approves for payment. Section 78(2) The Service shall not withhold payment of part of a claim on the ground that another part of the claim has been deferred for examination by the Service or has been declined by the Service.

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§ 79PAYMENT FOR LEGAL AID SERVICES - 79. Payment for servicesProvision

An aided person is entitled not to be required to make any payment for legal aid services except where otherwise provided.

Section 79. Payment for services Section 79(1) An aided person shall not be required to make any payment in connection with the provision of services, except where it is otherwise provided. Section 79(2)(a) the cost of services; Section 79(2)(b) a contribution in respect of the services; Section 79(2)(c) administration costs; and Section 79(2)(d) any other service provided to the aided person.

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§ 80PAYMENT FOR LEGAL AID SERVICES - 80. Refund of excess paymentsProvision

The Service must refund any amount an aided person pays that is more than they are required to pay.

Section 80. Refund of excess payments Section The Service shall refund any amount paid by an aided person to the Service where the amount paid by the aided person exceeds the amount the aided person is required to pay to the Service.

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§ 81PAYMENT FOR LEGAL AID SERVICES - 81. Waiver of right to recover debtsProvision

The Service may waive its right to recover a debt in specified circumstances, must notify the debtor when it does so, and must still pay legal service providers under the grant.

Section 81. Waiver of right to recover debts Section 81(1)(a) the enforcement of the debt would cause serious hardship to the aided person; Section 81(1)(b) the cost of enforcing the debt is likely to exceed the debt sought to be recovered; Section 81(1)(c) the Service considers that it would be just and equitable in the circumstances of the case to do so. Section 81(2) The Service may at the request of an aided person make a decision under subsection (1) at any time. Section 81(3) Where the Service waives its right to recover a debt, under sub-section (1), the Service shall give notice of the waiver to the debtor. Section 81(4) The waiver of a debt does not affect the obligation of the Service to pay any person who provided legal services under the relevant grant of legal aid.

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Part XII

MISCELLANEOUS PROVISIONS

§ 82MISCELLANEOUS PROVISIONS - 82. Disclosure of informationProvision

Members of the Service, their employees, and accredited legal aid providers must not disclose personal information about an aided person obtained in the course of their duties, except for the purposes of this Act.

Section 82. Disclosure of information Section Except for the purposes of this Act, no member of the Service or its employees or accredited legal aid providers shall disclose any personal information relating to an aided person obtained in the course of their duties.

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§ 83MISCELLANEOUS PROVISIONS - 83. Annual report and other reportsProvision

The Service must submit an annual report to the Cabinet Secretary within three months after each financial year; the report must include specified items, the Service must publish the report, the Cabinet Secretary must send it to the National Assembly within one month with views, and the Service must provide other reports when requested in writing by the Cabinet Secretary.

Section 83. Annual report and other reports Section 83(1) The Service shall, not later than three months after the end of each financial year, submit to the Cabinet Secretary an annual report covering the activities and the operations of the Service under this Act during the immediately preceding year. Section 83(2)(a) the financial statements of the Service; Section 83(2)(b) a description of the activities of the Service; Section 83(2)(c) such other statistical information as the Board may consider appropriate relating to the functions of the Service; Section 83(2)(d) the impact of the exercise of the mandate or functions of the Service; Section 83(2)(e) the gender, regional and ethnic diversity in the Service; Section 83(2)(f) the challenges, if any, faced in the implementation of the Act; and Section 83(2)(g) any other matter relating to the functions of the Service that the Board considers necessary. Section 83(3) The Service shall publish and publicize the annual report in such manner as the Service may determine. Section 83(4) The Cabinet Secretary shall, within one month after the receipt of the annual report submit the report to the National Assembly together with a statement of the views of the Cabinet Secretary on the performance of the Service during the year to which the report relates. Section 83(5) The Service shall submit to the Cabinet Secretary any other report that the Cabinet Secretary may in writing, request.

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§ 84MISCELLANEOUS PROVISIONS - 84. Legal Aid GuideProvision

Section 84. Legal Aid Guide

Section 84. Legal Aid Guide Section the provisions of this Act and other relevant legislation and regulations;

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§ 85MISCELLANEOUS PROVISIONS - 85. OffencesOffence

Knowingly subverting the provision of legal aid, obstructing the Service in its functions, or otherwise interfering with the Service are offences; persons convicted where no other penalty is provided face a fine up to two hundred and fifty thousand shillings or imprisonment up to one year, or both.

Section 85. Offences Section 85(1)(a) knowingly subverts the process of providing legal aid; Section 85(1)(b) knowingly obstructs the Service in the discharge of its functions; or Section 85(1)(c) otherwise interferes with the functions of the Service, commits an offence. Section 85(2) Any person who commits an offence under this Act for which no penalty is provided is liable on conviction to a fine not exceeding two hundred and fifty thousand shillings or to imprisonment for a term not exceeding one year or to both.

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§ 86MISCELLANEOUS PROVISIONS - 86. Provisions on delegated powersProvision

The Cabinet Secretary may make regulations to better carry into effect the provisions of this Act.

Section 86. Provisions on delegated powers Section 86(1) The Cabinet Secretary may make Regulations generally for the better carrying into effect the provisions of this Act. Section 86(2)(a) the criteria for eligibility for legal aid; Section 86(2)(b) the procedures for the provision of legal aid to persons detained at police stations, or in remand, prison or other places of lawful custody; Section 86(2)(c) procedures and terms and conditions of accreditation of service providers; Section 86(2)(d) the records to be kept by legal aid providers in relation to legal aid assignments and the reports to be submitted to the Service; Section 86(2)(e) the manner of applying for legal aid under this Act; Section 86(2)(f) the manner of assessing the financial resources of applicants and the eligibility of applicants for legal aid; Section 86(2)(g) the amount or amounts payable by a aided person; Section 86(2)(h) the method or methods for calculating what maximum grant, if any, should be set under a grant of legal aid in respect of proceedings; Section 86(2)(i) the manner in which applications for, and grants of, legal aid in respect of a child, and other persons with special requirements, are to be dealt with; Section 86(2)(j) the class or classes of defendants to whom priority shall be given or for whom services may be limited; Section 86(2)(k) the conditions relating to the delivery of services under any scheme; Section 86(2)(l) the methods for calculating the cost of services; Section 86(2)(m) the payment of interest in respect of costs of service; Section 86(2)(n) the circumstances and terms of refusal, variation and withdrawal of legal aid; Section 86(2)(o) anything required to be prescribed under this Act; and Section 86(2)(p) any other matters necessary for the administration of this Act. Section 86(3)(a) the purpose and objective of delegation under this section is to enable the Cabinet Secretary to make regulations to provide for the better carrying into effect of the provisions of this Act and to enable the Service to discharge its functions effectively; Section 86(3)(b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and to fulfil the objectives specified under this section; Section 86(3)(c) the principles and standards applicable to the regulations made under this section are those set out in the Interpretations and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A).

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§ 87MISCELLANEOUS PROVISIONS - 87. Supersession, savings and transitional provisionsCommencement

Transitional rules: the existing National Legal Aid and Awareness Steering Committee will act as the Board until the Board is established; ongoing pilot cases will continue and be concluded as the Service decides; assets of pilots transfer to the Service; liabilities of pilots become liabilities of the Service; and the Service is bound by existing contracts to which the Programme was a party.

Section 87. Supersession, savings and transitional provisions Section 87(1) In any matter relating to legal aid, in the event of any conflict between the provisions of this Act and those of any other written law, the provisions of this Act shall prevail. Section 87(2) Until the Board is established, the National Legal Aid and Awareness Steering Committee appointed pursuant to Gazette Notice number 11598 of 2007 and in existence immediately before the coming into force of this Act shall continue to operate as if it were the Board under this Act. Section 87(3) A case handled by a legal aid pilot existing immediately before the coming into force of this Act and which is not concluded shall continue and be concluded in such manner as the Service shall determine. Section 87(4) Any asset, right or property held on behalf of a legal aid pilot in existence immediately before the coming into force of this Act shall be transferred to the Service. Section 87(5) An obligation or liability subsisting against a legal aid pilot immediately before the coming into force of this Act shall, on the commencement of this Act, subsist against the Service. Section 87(6) The Service shall be bound in all contracts including contracts of service, if any, subsisting at the commencement of this Act and to which the National Legal Aid and Awareness Programme was a party directly or through the State department responsible for legal aid.

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Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Board the exercise of its powers or performance of its functions or duties under this Act
Section 18
Cabinet Secretary to make regulations under this Act
Section 86
Fair Administrative Act
Section 25
Fund The Fund must defray expenses for representing persons granted legal aid in accordance with this Act
Section 30

N–S

2 instruments

Service under this Act
Section 83
State to persons who qualify for legal aid services under this Act
Section 35

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