ADVOKS GLOBAL · KENYA
Legal Aid Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"accredited paralegal" means a person accredited by the service to provide paralegal services under the supervision of an advocate or an accredited legal aid provider;"advocate" has the meaning assigned thereto in the Advocates Act (Cap. 16);"aided person" means a person who is granted legal aid under this Act and includes—(i)a person who is granted legal aid on an interim basis; and(ii)a person whose grant of legal aid has been withdrawn under section 52;"alternative dispute resolution" means settling a dispute by means other than through the court process and includes negotiation, mediation, arbitration, conciliation and the use of informal dispute resolution mechanisms;"applicant" means a person who makes an application for legal aid pursuant to this Act or on whose behalf such an application is made;"Board" means the board established under section 9;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to justice;"chairperson" means chairperson of the Board appointed under section 9;"child" has the meaning assigned to it under Article 260 of the Constitution;"co-operation agreement" means an agreement entered into between the Service and legal aid provider to provide legal aid services;"Director" means the Director of the National Legal Aid Service appointed under section 24;"Fund" means the Legal Aid Fund established under section 29;"grant of legal aid" means a grant of legal aid under this Act and includes any amendments to that grant;"indigent person" means a person who cannot afford to pay for legal services;"justice advisory centre" means a centre established by the Service for administering and providing legal aid services in Kenya;"legal aid" includes—(c)assistance in—(i)resolving disputes by alternative dispute resolution;(ii)drafting of relevant documents and effecting service incidental to any legal proceedings; and(iii)reaching or giving effect to any out-of-court settlement;(d)creating awareness through the provision of legal information and law-related education; and(e)recommending law reform and undertaking advocacy work on behalf of the community;"legal aid clinic" means a law clinic accredited by the Service or offered by an accredited legal aid provider;"Legal Aid Guide" means Guide referred to in section 85;"legal aid provider" means—(a)an advocate operating under the pro bono programme of the Law Society of Kenya or any other civil society organization or public benefit organization;(d)a public benefit organization or faith based organization;(e)a university or other institution operating legal aid clinics; or(f)a government agency, accredited under this Act to provide legal aid;"marginalized group" has the meaning assigned to it under Article 260 of the Constitution;"maximum grant" means the maximum amount of legal aid granted under a grant of legal aid;"paralegal" means a person employed by the Service or an accredited legal aid provider who has completed a training course in the relevant field of study in an institution approved by the Council of Legal Education;"public benefit organization" means a public benefit organization registered under Public Benefit Organizations Act (No. 18 of 2013);"proceeds of proceedings", in relation to civil proceedings for which legal aid has been granted, means—(a)any money or property to which the aided person is entitled under a judgment or out-of-court settlement relating to the proceeding; and(b)any costs awarded or payable to the aided person under a judgment or out-of-court settlement relating to the proceedings;"register of accredited legal aid providers" means the register of persons accredited by the Service under section 60 to provide legal aid services under this Act;"Service" means the National Legal Aid Service established by section 5.