Economy

Cheap legal services for poor on the way

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The State Law Office in Nairobi: It published a Bill that proposes the setting up of a National Legal Aid Service. Photo/FILE

Low-income earners and marginalised groups are set for cheaper legal services through an independent body and a financing scheme in line with the Constitution.

Under a Bill published by the State Law Office on Friday, the government will set up an entity called National Legal Aid Service (NLAS) to manage legal aid at both national and county levels.

“(This is) an Act of Parliament to give effect to Articles 48, 50 (g) of the Constitution,” reads part of the Bill.

Article 48 compels the State to ensure access to justice for all persons at a reasonable fee while 50 (g) gives every person the right to choose and be represented by an advocate.

The publication of the Bill comes as lawyers step up the bid to raise fees for their services. Only two weeks ago, the Competitions Authority of Kenya blocked lawyers from implementing a new fees structure that would have seen the cost for filing a civil suit valued at Sh500,000 or below, rise to Sh50,000 up 78.5 per cent from the current level of Sh28,000.

The lawyers also want to be allowed to charge Sh75,000 for suits valued up to Sh1 million instead of Sh35,000. Had lawyers had their way, advocates would be charging their clients Sh5,000 to prepare an affidavit needed for appeal cases, up from Sh630, while conducting a search for a registered trade mark would cost at least Sh10,000, up from Sh1,260.

NLAS, to be headquarters in Nairobi, will have an immediate task of developing accreditation criteria for people and institutions to provide legal aid services.

“This is the first time that the government has come up with this kind of Bill to regulate the provision of legal aid in the country,” said Laban Osoro, Kituo Cha Sheria deputy executive director.

“We have had several attempts including efforts to draw up policy framework for national legal aid service but have failed each time.”

Once the proposed law is enacted, the NLAS will replace the National Legal Aid and Awareness Programme previously run by the Ministry of Justice and Constitutional Affairs in partnership with organisations such as Law Society of Kenya, FIDA Kenya, Kituo Cha Sheria, International Commission of Jurist, the Judiciary and public universities.

Under the changes proposed in the Bill, NLAS will be run by a board chaired by a High Court Judge.

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