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{
    "id": 617766,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/617766/?format=api",
    "text_counter": 216,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "disadvantaged groups, to have a forum to navigate effectively the legal system, seek and obtain remedies through formal and informal justice system in accordance with the human rights principles and standards. The Legal Aid Bill, 2015 seeks to provide among others that the legal framework for the regulation of persons and institutions offering legal aid services and who have been tasked with the promotion of access to justice must at all times be ready to promote access to justice by making it affordable, accessible, sustainable, credible and within an accountable legal aid services to all the vulnerable members of our society. All this must be done within the framework of the Constitution. This Bill establishes a scheme to assist poor persons to access legal aid. This Bill seeks to establish a mechanism that promotes legal awareness in our country. This Bill will provide an avenue for the promotion of education and research. It will support community legal services through the promotion of funding and the establishment of justice advisory centres across the country. It will also promote the use of alternative dispute resolution methods which will help us in enhancing access to justice. Part I of the Bill deals with preliminary matters. Part II of the Bill establishes, for the first time in our country, a national legal aid service as a state corporation. The functions of this state corporation are to establish and administer a national legal aid scheme that is affordable, accessible, sustainable, credible and accountable and that will encourage and facilitate the settlement of disputes by using various alternative dispute resolution methods. This corporation will also undertake and promote research in the field of legal service, legal awareness and access to justice, among many others. Part III of the Bill provides for how the Board is going to govern the service. The functions of the Board include formulation and review of policies, accreditation and many others. Part IV of the of the Bill deals with how the Service will be managed by the Director who shall be recruited competitively by the Board and appointed by the CS in charge of that Ministry. It further provides that the Board may appoint officers and staff. It is more of administrative. Part V of the Bill establishes the most important thing in this Bill, the Legal Aid Fund. The Service may use the monies of this Fund to ensure that poor people get representation in terms of granting them legal aid in accordance with this Act. They can pay remuneration of the legal aid providers for the service they have provided in accordance with the Act. Part VI of the Bill prescribes the service to provide legal aid service in various fields of law at the expense of the State. Part VII of the Bill sets out the requirements for application on how one can access legal aid. That Part specifies the person who can apply for legal aid, the procedure for application and the suspension or the stage at which the Service can withdraw legal aid. Part IX of the Bill deals with the accreditation of legal aid providers who include advocates operating under the pro bono umbrella. So, the Bill is going to regulate the pro bono programme of the Law Society of Kenya (LSK) and other institutions. It is going to give accreditation to law firms, NGOs, faith-based organisations, universities and other institutions that want to run legal aid clinics. So, it is more of creating a system in law for all the organisations that want to run legal aid clinics. Part X of the Bill specifies the terms and conditions for the grant of legal aid, which may include payment of fees. Basically the Part provides for the conditions and terms of granting The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}