Kenyans Earning Below KSh 30k Expenditure Can Qualify For Free Legal Representation, NLAS

• Many Kenyans have difficulty accessing justice because they are unable to afford lawyers to represent them
• The National Legal Aid Services (NLAS) is a state agency that helps indigent Kenyans access justice and overcome the notion that justice is for the rich
• NLAS listed requirements for Kenyans who can qualify for free legal representation and how one can apply for assistance

Michael Ollinga is a journalist at TUKO.co.ke with over 10 years of experience covering courts and crimes, special reports, and current affairs in Kenya.

The National Legal Aid Service (NLAS), a state agency established under the Legal Aid Act, is determined to reverse the notion that only the rich can access justice.

What is NLAS and its roles?

According to the agency transitioning to its autonomous identity, the state must ensure all Kenyans have access to justice, irrespective of their social, economic, cultural, and religious backgrounds.

NLAS, initially a department in the office of the Attorney General, is determined to operate independently as the law approves in its bid to become the country's premier legal services provider to all Kenyans.

TUKO.co.ke established that NLAS is mandated to provide legal representation, assist in solving disputes through alternative dispute resolution avenues, and create awareness to help Kenyans understand their rights and where to seek help.

Anne Wainaina, an advocate of the High Court working with NLAS, explained that the agency prioritises providing legal services, such as representation to indigent persons.

"Providing legal aid to the indigent means we are assisting people who cannot afford lawyers or other legal services to access them for free. There has been a notion that only the rich can access justice and that's why we are here to reverse that narrative," she said.

Who qualifies for free legal representation in Kenya?

According to Wainaina, individuals living in Kenya as citizens, refugees, internally displaced persons, victims of human trafficking, or stateless individuals, whether adults or children, can access NLAS aid.

"Residents in Kenya, children or adults, can qualify for legal aid. They just need to apply by filling out a form on our website, nlas.go.ke or get a form from our offices in Nairobi, Mombasa, Eldoret, Nakuru and Kisumu," explained Winaina.

The first requirement for qualifying for this service is being a natural person. A natural person is a human being, not a company or organisation.

"The service considers people earning below KSh 30,000. It's estimated that this person has a monthly expenditure of at least KSh 15,000. Proof of income is required but where there is no proof, the applicant ought to swear an affidavit," the passionate advocate added.

Which cases does National Legal Aid Services cover?

Some of the cases NLAS helps Kenyans solve include child maintenance, succession, and divorces, among other civil and criminal matters.

The service, however, does not pick up cases on tax evasion, debt recovery, bankruptcy, insolvency, or defamation.

According to Wainaina, NLAS can withdraw its services or change the working agreement with its clients if their economic status changes, like when they get a better-paying job or begin making money that can enable them to pay for legal services.

NLAS can withdraw its representation whenever the agency notices a client has given false information.

The service works with legal aid providers, including advocates of the High Court, law teaching schools, paralegals, and civil society organisations to achieve its goals.

National Legal Aid Services challenges

William Kimanthi, board chairman, NLAS, said the agency is, however, unable to achieve all its goals due to limited funding and a staff shortage.

"We have 32 staff members with about 10 advocates expected to solve thousands of Kenyans. Our ideal number of staff is 1,200, of which 1,000 should be lawyers. This way, we can reach Kenyans in all 47 counties," said Kimanthi.

The service currently operates in 12 counties and has offices in five counties.

The European Union, through the Programme for Legal Empowerment and Aid Delivery in Kenya (PLEAD), donated 12 vehicles to enhance NLAS services in the 12 counties, five of which are urban and seven marginalised and remote counties.

What is the PLEAD programme?

Anchored in Kenya's Vision 2030 strategy, PLEAD has helped transform Kenya's criminal justice sector under a KSh 4.2 billion partnership first phase programme that ran to 2022. This was the biggest investment in the justice system in Sub-Saharan Africa.

Manek Mita, EU in Kenya programme manager, confirmed that another KSh 4.9 billion had been allocated for the second phase of PLEAD.

PLEAD has been facilitating mobile clinics in the project's second phase in Wajir, Mandera, Lamu, Tana River, Garissa, Marsabit and Isiolo, alongside other justice access programmes in Kisumu, Nairobi, Nakuru, Eldoret and Mombasa.

NLAS Acting CEO Fresiah Githumbi said the funding support from PLEAD will enable them to establish physical offices in the seven remote counties.

The funding has already helped NLAS develop an interactive website and mobile app to facilitate interaction with more individuals seeking legal aid.

Kenya's laws on access to justice?

Gathumbi said the service reaches out to Kenyans who suffer prejudice without legal representation through legal clinics, prison visits, and paralegals.

"Our mandate is to help people who cannot access justice because they cannot afford legal services to access the services. This is in line with Articles 19, 48 and 50 of our constitution," she said.

Article 48 of the Constitution states that the state shall ensure access to justice for all persons and that if a fee is required, it shall be reasonable and shall not impede access to justice.

Article 50 (1) states that every person has the right to have any dispute that can be resolved by applying law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

Proofreading by Asher Omondi, current affairs journalist and copy editor at TUKO.co.ke.

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