Related documents
- Is amended by 24th Annual Supplement
- Repeals The Legal Aid (General) Regulations, 2021

LAWS OF KENYA
LEGAL AID ACT
THE LEGAL AID (GENERAL) REGULATIONS
LEGAL NOTICE 86 OF 2022
- Published in Kenya Gazette Vol. CXXIV—No. 100 on 3 June 2022
- Commenced on 3 June 2022
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Legal Aid (General) (Amendment) Regulations, 2023 (Legal Notice 15 of 2023) on 24 February 2023]
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—(a)any movable or immovable property;(b)any corporeal or intellectual rights to property; or(c)any item, property or money that an applicant or the applicant’s spouse receives, or is entitled to receive at a future date, from the estate of any deceased person;"costs" means the fees payable to an accredited legal aid provider, calculated by reference to scales of fees determined by the Service in consultation with relevant professional bodies in accordance with section 75 (1) of the Act, and includes—(a)advocate’s fees;(b)disbursements; and(c)any fees payable at an enhanced rate but does not include Value Added Tax chargeable under any written law."dependant" means—(a)an applicant's child or step-child who is under eighteen years of age;(b)the applicant’s child above the age of eighteen years who is pursuing a full-time formal education or vocational training in an institution recognized in Kenya; or(c)a relative or other person who permanently resides with the applicant and relies on the applicant for financial support;"disposable capital" means a person’s total assets after deducting the amount of any debts secured against those assets and after deducting the amount of the value of the person’s household furniture, household appliances, personal clothing and tools of trade:"household" means individuals who comprise a nuclear family unit and who live together in the same house;"intermediary" means a person who is—(a)aware of the facts giving rise to the legal redress being sought; and(b)able to assist the applicant to communicate with the Service;"person suffering from mental disorder" has the meaning assigned to it under section 2 of the Mental Health Act (Cap. 248);"Public Trustee" has the meaning assigned to it under section 2 of the Public Trustee Act (Cap. 168);"probability of success" means the likelihood that an applicant for legal aid will obtain a successful outcome at a trial or other final hearing in the proceeding to which the application relates; and"Registrar" means a judicial officer appointed as such in accordance with the Judicial Service Act (Cap. 8A).Part II – CRITERIA FOR ELIGIBILITY
3. Persons eligible for legal aid
Legal aid shall only be available to natural persons for Persons eligible 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
25. Withdrawal of legal aid
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 (sub. leg).Part III – ACCREDITATION OF LEGAL AID PROVIDERS
29. Eligibility criteria for accreditation
30. Application for accreditation
31. Renewal of accreditation
32. Execmption 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 IV – 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. Settlement where contribution is not made
Where an aided person is entitled to recover pecuniary damages or other property under a Judgment, decree, order or settlement, the legal aid provider shall, unless the aided person has paid into the Fund the contribution specified in sections 69 (1)(b) and 79(2)(b) of the Act—Part IV – 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
45. Revocation L.N. 187/2021
The Legal Aid (General) Regulations (L.N. 187/2021) are hereby revoked.[L.N. 15/2023, r. 3.]History of this document
24 February 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version