This Legal Notice was repealed on 2022-06-03 by The Legal Aid (General) Regulations.
This is the version of this Legal Notice as it was when it was repealed.
The Legal Aid (General) Regulations, 2021
Related documents
- Is amended by 24th Annual Supplement
- Is repealed by The Legal Aid (General) Regulations

LAWS OF KENYA
LEGAL AID ACT
THE LEGAL AID (GENERAL) REGULATIONS, 2021
LEGAL NOTICE 187 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 192 on 17 September 2021
- Commenced on 17 September 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Revoked by The Legal Aid (General) Regulations (Legal Notice 86 of 2022) on 3 June 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Legal Aid (General) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"asset" means—Part II – CRITERIA FOR ELIGIBILITY
3. Persons eligible for legal aid
Legal aid shall only be available to natural persons for advice, legal assistance or legal representation in a court, tribunal or any other dispute resolution forum to which the application for legal aid relates.4. Means test
5. Amounts to be considered in the means test
Part III – APPLICATION FOR LEGAL AID
6. Interpretation: Part III
In this Part, "civil matter" includes civil proceedings for the review or appeal of the court decisions arising from the civil proceedings.7. Procedure for application
8. Services for which application may be made
A person may apply for legal aid services under the Act seeking—9. Interested persons may apply for legal aid
A person who has an interest in any civil or criminal proceedings, including a witness, may apply for legal aid in accordance with these Regulations.10. Service may grant legal aid on an interim basis
11. Determination of applications for legal aid in civil matters
12. Application by or on behalf of a child
13. Application by person with mental disorder
14. Application by refugee, victim of human trafficking, internally displaced person or stateless person
15. Application for legal aid in constitutional matters and matters of public interest
16. Limitation and exclusion of legal aid in certain civil matters
17. Limitation on number of civil cases
The Service may grant legal aid to an applicant in relation to only one civil matter at any one time, unless the Service is of the opinion that—18. Right to legal aid in certain criminal matters
19. Eligibility for legal aid in criminal matters.
20. Application by persons in lawful custody
21. Applications relating to criminal appeals or reviews
22. Certificate of grant
23. Duty to deliver and to acknowledge delivery of certificate
24. Refusal of application
The Service may, pursuant to section 44 (1)(c) of the Act, refuse an application for legal aid if—(a)the matter in respect of which legal aid is sought is expressly excluded under the Act or these Regulations; or(b)the applicant does not meet the eligibility criteria prescribed in these Regulations.25. Withdrawal of legal aid
The Service may, at any time, withdraw legal aid in respect of an aided person in accordance with section 52(1) of the Act if the aided person—(a)wilfully fails to comply with any requirement with regard to the information required to be given by the aided person;(b)knowingly makes a false statement in support of his application;(c)ceases to qualify for legal aid under the means test or other eligibility criteria;(d)fails to notify the Service of a charge in the circumstances specified in section 46(1) of the Act;(e)without reasonable cause, fails to appear in court in criminal proceedings, and a warrant for arrest is issued against him;(f)unreasonably refuses to submit to an alternative dispute resolution process or to accept a settlement;(g)fails to make a contribution specified as a condition for which legal aid is granted;(h)unreasonably or without lawful justification, terminates the services of the legal aid provider instructed on his behalf by the Service;(i)conducts himself in such a way as to frustrate or render the delivery of legal aid services impossible; or(j)wilfully fails to do anything reasonably required to be done by the aided person under the Act or these Regulations.26. Termination of legal aid in certain cases
27. Review of the decisions of the Service
28. Appeals against decisions of the Service
An appeal made under section 55 of the Act shall be by a formal application made in accordance with the rules of procedure governing appeals, as prescribed under Order 42 of the Civil Procedure Rules, 2010 (L.N. 151/2010).Part IV – ACCREDITATION OF LEGAL AID PROVIDERS
29. Eligibility criteria for accreditation
30. Application for accreditation
31. Renewal of accreditation.
32. Exemption from accreditation
33. Provision of legal aid by universities and tertiary institutions
34. Voluntary withdrawal from accreditation
35. Duty of legal aid provider on suspension or cancellation of accreditation
36. Engagement of experts or consultants by legal aid providers
Part V – ENFORCEMENT OF CONDITIONS FOR GRANT OF LEGAL AID
37. Financial contribution by an aided person
38. Recovery of costs
Where the aided person is awarded costs in civil proceedings, the legal aid provider shall—39. Supplement where contribution is not made
Where an aided person is entitled to recover pecuniary damages or other property under a judgement , decree, order or settlement, the legal aid provider shall, unless the aided person has paid into the Fund the contribution specified in section 69 (1) (b) and 79 (2) (b) of the Act—Part VI – PAYMENT FOR LEGAL AID SERVICES
40. Fees payable to a legal aid provider
41. Submission of accounts and supporting documents
42. Limitation of time for submission accounts
43. Advance for disbursements
44. Exclusion of lien in favour of legal aid provider
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
03 June 2022
Repealed by
The Legal Aid (General) Regulations
17 September 2021
Cited documents 4
Act 4
1. | Small Claims Court Act | 390 citations |
2. | Mental Health Act | 332 citations |
3. | Judicial Service Act | 245 citations |
4. | Persons Deprived of Liberty Act | 18 citations |