Access to Justice – Haki za Washukiwa

Should lawyers represent persons accused of crimes such as murder, economics crimes even in the face of clear evidence of wrongdoing?

This was the poll question conducted on our social media platform whose results so far are as follows:

poll results

The results resonate with the public notion that lawyers should not take on cases of persons whose evidence of wrong doing is glaring. Unfortunately, these perceptions of differ from what the law provides when it comes to arrested and accused persons. They have a myriad of rights.

Take for instance, Article 50 of the Constitution of Kenya obligates the State to ensure access to justice for all persons. Should there be a requirement for payment of fees, the same must be reasonable and not impede access to justice.

The right to prompt information in a language that they understand of the following:
1. The reason for the arrest
2. The right to remain silent
3. The consequences of not remaining silent
The right to remain silent
The right to communicate with an advocate, and any other person who is able to assist them.
The right not to be forced to make any confession or admission that could be used in evidence against the person.
To be held separately from persons who are serving a sentence.
To be brought before a court as soon as reasonably possible, but not later than-
1. Twenty-four hours after being arrested
2. If the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day
During their first court appearance, to be charged or informed of the reason for continued detention or to be released.
To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.