Access to State Funded Legal Representation for Indigent Persons Charged With Capital Offences in Kenya

Abstract

The Constitution of Kenya recognises and protects the right to state funded legal representation by all accused persons in Kenya. The Legal Aid Act espouses on this right by setting out the procedures, terms and institutions to offer legal aid services to persons who cannot afford them. While this is the position, no provision of the Kenya law expressly provides for access to state funded legal representation by indigent persons charged with capital offences. It has however been the norm that persons charged with murder often receive state funded legal representation. This is not the case with indigent persons accused of robbery with violence, the similarity of the sentence with that of murder notwithstanding. Taking into account the severity of sentences in capital offences, it is necessary that indigent accused persons charged with these offences receive state funded legal representation. This is explored and justified in this study.