ADVOKS GLOBAL · KENYA
Legal Aid Act
36. Persons eligible for legal aid
Edition: 2022-12-31 · In force
36. Persons eligible for legal aid
(1)A person is eligible to receive legal aid services if that person is indigent, resident in Kenya and is—(c)a refugee under the Refugees Act (Cap. 173);(d)a victim of human trafficking; or(e)an internally displaced person; or(2)A person who is eligible to receive legal aid services under subsection (1) shall apply to the Service in the prescribed manner.(3)A person shall not receive legal aid services unless the Service has determined that the individual's financial resources are such that the person is eligible for the services.(4)Despite subsections (1), (2) and (3), the Service shall not provide legal aid services to a person unless the Service is satisfied that—(a)the cost of the proceedings is justifiable in the light of the expected benefits;(b)resources are available to meet the cost of the legal aid services sought;(c)it is appropriate to offer the services having regard to the present and future demands;(d)the nature, seriousness and importance of the proceedings to the individual justify such expense;(e)the claim in respect of which legal aid is sought has a probability of success;(f)the conduct of the person warrants such assistance;(g)the proceedings relate to a matter that is of public interest;(h)the proceedings are likely to occasion the loss of any right or the person may suffer damages;(i)the proceedings may involve expert cross-examination of witnesses or other complexity;(j)it is in the interest of a third party that the person be represented;(k)denial of legal aid would result in substantial injustice to the applicant; or(l)there exists any other reasonable ground to justify the grant of legal aid.