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{
    "id": 620633,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/620633/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "More importantly, Clause 42 gives a fundamental duty to our courts. That whenever a suspect appears before a magistrate or a judge, that judge or magistrate is duty bound to also inform the suspect that there is legal aid and ask whether the suspect is in need of legal aid. If a suspect is not informed of this right at the first instance, then that can be a ground of appeal in the event that that person is convicted. Therefore, this Bill seeks to expand our legal jurisprudence and the rights of people to fair trial. That is why Article 50(2) of the Constitution is about a right to a fair trial. However, the right to a fair trial cannot be given to a person who has no capacity to defend himself. That is why the Constitution is very clear that, in the first instance, in Article 50(2)(g), a person has a right to choose or to be given an advocate and to be informed that an advocate can be provided for him, promptly. In (h), an accused person should have an advocate assigned to him at State expense."
}