Kenya New Constitution - Representation in court - State obliged to provide attorneys

Immediate rights: The other immediate right that Kenyans will start enjoying is the right to representation in court irrespective of the offence.

Mr Okong’o O’Mogeni says that once the new constitution is promulgated by the President, it becomes a State obligation to provide an attorney to every accused person.

“Initially it was for capital offenders. The new angle is that the accused only need to show the court that substantial injustice will result during trial. The State will pay for these advocates,” said Mr O’Mogeni.

This having not been budgeted for, could take a toll on the government, which will have to comply with the new directive. Under Article 50 2(h) that deals with fair hearing, the new constitution states that every accused person has the right to a fair trial, which Includes the right to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly.

-- Saturday Nation