Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
LEGAL AID ACT
CAP. 16A
- Published in Kenya Gazette Vol. CXVIII—No. 50 on 6 May 2016
- Assented to on 22 April 2016
- Commenced on 10 May 2016
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Legal Aid Act.2. Interpretation
In this Act, unless the context otherwise requires—"accredited paralegal" means a person accredited by the service to provide paralegal services under the supervision of an advocate or an accredited legal aid provider;"advocate" has the meaning assigned thereto in the Advocates Act (Cap. 16);"aided person" means a person who is granted legal aid under this Act and includes—3. Object of the Act
The object of this Act is to establish a legal and institutional framework to promote access to justice by—4. Guiding principles
In the performance of the functions and the exercise of the powers conferred on the Service under this Act, the Service shall be guided by—Part II – THE NATIONAL LEGAL AID SERVICE
5. Establishment of the National Legal Aid Service
6. Headquarters
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.7. Functions of the Service
8. Powers of the Service
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.Part III – ADMINISTRATION
9. Establishment of Board of Service
10. Functions of the Board
The Board shall—11. Powers of the Board
The Board shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to—12. Tenure of office
13. Filling of vacancy
14. Vacancy not to affect proceedings
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.15. Procedures of the Board
16. Remuneration of members
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.17. Committees of the Board
18. Delegation by the Board
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.19. Engagement of experts and consultants
20. Coordination with other agencies
In the discharge of its functions under this Act, the Board shall coordinate with other governmental and non-governmental agencies and other persons or organizations engaged in the promotion of legal aid services and shall—21. Protection from Personal liability
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.22. Liability of the Board for damages
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.23. Independence of the Board
The Board shall not be subject to the direction or control of any person or authority in the performance of its functions.Part IV – MANAGEMENT AND STAFF OF THE SERVICE
24. The Director
25. Removal of Director
26. Delegation powers of Director
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.27. Staff of the Service
28. Common seal of the Service
Part V – THE LEGAL AID FUND
29. Establishment of Legal Aid Fund
30. Application of the Fund
The Service may use the monies of the Fund to—31. Financial Year
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.32. Annual estimates
33. Investment of funds
34. Accounts and Audit
Part VI – LEGAL AID SERVICES
35. General principles of legal aid
36. Persons eligible for legal aid
37. Legal aid not available in certain civil matters
The Service shall not provide legal aid services in respect of civil proceedings—38. Several parties to a suit
39. Alternative dispute resolution
Part VII – APPLICATION FOR LEGAL AID
40. Application for legal aid
41. Persons who may apply for legal aid
An application for legal aid may be made by—42. Persons in lawful custody
43. Duties of the court
44. Decision on application for legal aid
45. Notification of other parties
46. Notification of change in circumstances
47. Financial information
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.48. Variation of a decision to provide legal aid
49. Application for review of grant of legal aid by aided person
50. Application for review by a legal aid provider
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.51. Review of decision of the Service
52. Withdrawal of legal aid
53. Consequences of withdrawal of legal aid
54. Termination of legal aid providers' mandate by aided person
55. Appeal to High Court
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.Part VIII – ACCREDITATION OF LEGAL AID PROVIDERS
56. Provision of legal aid
A person or organization shall not provide legal aid services under this Act unless that person or organization is accredited to provide those services.57. Accreditation criteria
58. Application for accreditation
59. Accreditation of legal aid providers
The Service may accredit a person or an institution providing the services prescribed by the Service.60. Register of accredited legal aid providers
61. Obligations relating to professional conduct
62. Unauthorized payments
63. Legal aid disbursements
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.64. Protection of interests of the Service
65. Records, monitoring and evaluation
66. Suspension of accreditation
67. Cancellation of accreditation
68. Legal advice and assistance by paralegals
Part IX – ENFORCEMENT OF CONDITIONS OF GRANT OF LEGAL AID
69. Terms of provision of funded services
70. Recovery of costs and benefits
71. Enforcement of judgment
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.Part X – AWARD OF COSTS IN CIVIL PROCEEDINGS
72. Liability of aided person for costs
73. Costs against an aided person
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.74. Aided person not required to provide security for costs
Part XI – PAYMENT FOR LEGAL AID SERVICES
75. Fees payable
76. Claim for payment by legal aid provider
A claim for payment in respect of legal aid under this Act shall be made by the legal aid provider to the Service in the prescribed manner and shall indicate—77. Examination and audit of claims by legal aid providers
78. Service to pay approved claims
79. Payment for services
80. Refund of excess payments
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.81. Waiver of right to recover debts
Part XII – MISCELLANEOUS PROVISIONS
82. Disclosure of information
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.83. Annual report and other reports
84. Legal Aid Guide
The Service shall, at least once in every three years, prepare and publish a Legal Aid Guide detailing in simple language—85. Offences
86. Provisions on delegated powers
87. Supersession, savings and transitional provisions
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
04 May 2017
10 May 2016
Commenced
06 May 2016
22 April 2016
Assented to
Documents citing this one 186
Judgment 165
Gazette 13
Bench Bulletin 4
1. | Bench Bulletin - Issue 33 | |
2. | Bench Bulletin - Issue 37 | |
3. | Bench Bulletin - Issue 48 | |
4. | Bench Bulletin - Issue 53 |
Bill 2
1. | The Statute Law (Miscellaneous Amendments) Bill, 2016 | |
2. | The Statute Law (Miscellaneous Amendments) Bill, 2017 |
Act 1
1. | Children Act | 42 citations |
Legal Notice 1
1. | The High Court (Organization and Administration) (General) Rules | 1 citation |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Legal Aid (General) Regulations | Legal Notice 86 of 2022 | 24 February 2023 |
The Legal Aid Code of Conduct for Accredited Legal Aid Providers | Legal Notice 87 of 2022 | 31 December 2022 |
The Legal Aid (General) Regulations, 2021
Repealed
|
Legal Notice 187 of 2021 | 31 December 2022 |
The Legal Aid (General) Regulations, 2020 | Legal Notice 134 of 2020 | 31 December 2022 |
The Legal Aid Code of Conduct for Accredited Legal Aid Providers | Legal Notice 121 of 2020 | 31 December 2022 |
The Legal Aid Code of Conduct for Accredited Legal Aid Providers
Repealed
|
Legal Notice 186 of 2021 | 17 September 2021 |