Legal Aid Act of 2016

If legal aid is withdrawn for a beneficiary, the legal aid provider is entitled to recover from the recipient the difference between the amount paid or payable by the service under this Act and the total amount of the recipient`s fees and expenses. provide affordable, accessible, sustainable, credible and accountable legal aid services to the poor in Kenya, in accordance with the Constitution; The Service shall be bound by all contracts, including service contracts in existence at the time of entry into force of this Act, in which the National Legal Assistance and Awareness Programme participated, directly or through the Ministry of State for Legal Aid. awareness-raising through the provision of legal information and education; and The Service shall decide on any application for legal aid without undue delay and no later than forty-eight hours after receipt of the application at the time of service. inform the service if the legal aid provider knows that the person being supported has avoided, avoids or attempts to avoid payments to the service from the proceeds of the procedure. Notwithstanding the provisions of subsection 1, the Service may, in exceptional circumstances, enter into an agreement with a legal aid provider for the provision of services under this Act on such terms and conditions as may be agreed upon between the legal aid provider and the Service. The purpose of the Act is to establish a legal and institutional framework to promote access to justice by changing the nature or scope of legal aid services, including amending a decision regarding the person or persons who will provide legal aid services; An obligation or liability that exists against a legal aid pilot immediately before the coming into force of this Act exists with respect to the Service upon the coming into force of this Act. It is a criminal offence to intentionally prevent a lawfully detained person from applying for legal aid. Identification of the legal needs of poor people and disadvantaged communities in Kenya; The LAIR was formally established in a presidential memorandum in 2015, and the list of federal partners has grown to 22 agencies. DAIR`s activities are supported by two working groups: (i) the Working Group on Unrepresented Parties at Administrative Hearings, chaired by ATJ and the United States Administrative Conference, and (ii) the Working Group on Access to Justice Indicators and Data Collection, led by ATJ and the Bureau of Justice Statistics of the Department of Justice. In November 2016, DAIR released its first annual report, documenting how DAIR has worked in recent years to inspire innovative interagency collaborations to more effectively support underserved people. `proceeds of proceedings` in civil proceedings for which legal aid has been granted: a legal aid provider takes the necessary steps to enforce an out-of-court judgment or settlement in order to recover the proceeds of proceedings. Any legal aid provider designated by the Service who is aggrieved by a decision of the Service concerning an amount to be paid by the Service to the legal aid provider may request the Service to review its decision. In December 2016, the Law on Mutual Legal Assistance was amended and supplemented for the last time in order to broaden the circle of persons eligible for free legal aid and assistance.

If a child is involved in proceedings under the Children`s Act (section 8 of 2001) or any other written law, the court may, if the child is not represented, order the service to represent the child lawfully. – applicants for international protection in accordance with the procedure laid down in the Asylum and Refugees Act, for whom legal aid is not due on any other legal basis; coordination, monitoring and evaluation of paralegals and other legal service providers and general instructions for the effective implementation of legal aid programmes; The Service issues guidelines setting out the issues or categories of issues relating to the provision of legal aid. fails to keep proper records of activities carried out on behalf of a supported person or to provide legal services, and the service considers that this will be detrimental to the interests of the supported person in general or in a particular case. «indigent person» means a person who cannot afford to pay for legal services; Formulation of guidelines on the type of legal aid to be provided in the different areas of law, the types of procedures and the types of proceedings. take appropriate measures to promote legal competence and public awareness and, in particular, to inform vulnerable groups in society of their rights and obligations under the Constitution and other laws; A guarantee of costs issued in the context of a suit against a person to whom legal aid is provided under this Act is not enforceable against the Service or an approved legal aid provider. The Service, in consultation with the competent professional orders, shall determine the rates of fees to be paid to legal aid contractors engaged by the Service in the exercise of its functions under this Act. Where legal aid is granted to a party to civil proceedings, the legal aid provider shall immediately inform any other party to the proceedings and the registrar of the competent court, in connection with the grant. The fees set by the Service are lower than the legal fees applicable to persons not supported by the Service. If a beneficiary receives legal aid for civil proceedings and loses the proceedings, the court will not rule on the costs of the assisted person, except in exceptional circumstances.

In carrying out the functions assigned to it by this Act, the Council shall ensure coordination with other governmental and non-governmental bodies and other persons or organizations involved in the promotion of legal aid services; An accredited paralegal employed by the Service or supervised by an accredited body may provide legal advice and assistance in accordance with this Act. legal aid or legal aid does not affect the relationship between the rights of a lawyer and a client or any privilege arising from that relationship; and procedures for granting legal aid to persons detained in police stations or in pre-trial detention, prison or other legal places of detention; Notwithstanding the provisions of this Section, the absence of legal representation shall not prevent the continuation of proceedings against a person. In all matters relating to legal aid, in the event of a conflict between the provisions of this Act and those of any other written Act, the provisions of this Act shall prevail. Nice to hear these @mustafa_mahmoud. Public funding for legal empowerment is meagre around the world – expanding these investments is an important limitation for our movement. I am pleased to see progress on this front in Kenya. I would like Kenyan lawyers to tell me what it takes to make the promise of the new law a reality. That`s great.

The number of countries implementing progressive frameworks for mutual legal assistance continues to increase. Except as expressly provided in this Act or this Act, the fact that a legal aid provider provides services under this Act shall not affect his obligations under the regulations or codes of conduct of a professional organization or similar body to which he belongs, nor his rights. obligations, responsibilities or duties as a member of that body. In 2012, more than a dozen federal agencies met under the direction of the White House and U.S. Domestic Policy Council.