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Robbery with violence suspects to get lawyers- CJ Koome 

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Chief Justice Martha Koome. PHOTO | JEFF ANGOTE | NMG

Chief Justice Martha Koome has directed that all persons facing charges of robbery with violence be provided with legal representation, at the expense of the State, if they cannot afford it. 

In a circular to courts, Justice Koome said Article 50(2)(h) of the constitution requires that an accused person is provided with an advocate, at the expense of the state, if substantial injustice would be occasioned to the accused person by lack of legal representation.

“It is hereby directed that every person accused of robbery with violence must be provided with legal representation as a matter of right as provided in the constitution,” she said. 

The CJ, who is also the President of the Supreme Court directed the Chief Registrar of the Judiciary Anne Amadi to engage the Solicitor General and concerned agencies to ensure that a structure of the National Legal Aid Services (NLAS) is supported to facilitate the realisation of the directive. 

Justice Koome also directed Mr Kennedy Bidali, office of Judiciary Ombudsperson, to liaise with the registrars of all courts to come up with a monthly report on the implementation of the circular, for implementation to be considered across the country. 

“The right to legal representation is entitled to all accused persons including those charged with capital offences. However, the practice has been that in regard to capital offences, only those charged with murder often receive legal representation funded by the state,” she said.

The CJ said robbery with violence under section 296(2) of the Penal code is a capital offence, and if convicted, an accused is sentenced to death.

“It is imperative that persons charged with the said offence equally have legal representation,” she said.

NLAS has been training capital offenders, who cannot afford a lawyer on self-representation.