WHAT IS LEGAL AID?
It is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring: equality before the law, the right to counsel, and the right to a fair trial.
WHAT DOES LEGAL AID ENTAIL?
It includes the following:
- Legal Advice
A good number of marginalized and poor people have got no idea what to do when faced with a legal challenge. We therefore step in to offer a legal opinion with respect to the set of facts of the matter at hand. This guidance is always offered orally or in writing, depending on the case in question. It entails: preparing legal documents and advising in which court the documents should be filed, interpreting statutes and case laws as applied in the matter at hand, among other procedures.
- Legal Representation
As a pro bono service, we provide legal assistance to people who are unable to afford legal representation and access to the court system. By so doing, we ensure equality before the law, the right to counsel, and the right to a fair trial as enshrined in the national and international laws to which Kenya is a party.
- Creating awareness through the provision of legal information and law-related education
We take legal information and law-related education to the people through our coordinators who join hands with the local leaders such as chiefs and village elders and make use of simplified literature to explain to people their rights and obligations under the law.
- Recommending law reform and undertaking advocacy work on behalf of the community
The law is there to serve the people. Therefore, whenever we realize that the reverse is the case with respect to any section of the law, we champion such, thereby ensuring that such law reflects the social values that society can align with. In addition, whenever the rights of the people are infringed, we ensure that they secure the same through the best legal means available.
- Resolving disputes by Alternative Dispute Resolution (ADR)
ADR refers to the different ways through which people can resolve a dispute without a trial/ litigation. These include mediation, arbitration, negotiation, facilitation, and conciliation. In mediation, we get a trained mediator who gives the parties in dispute free will to engage and come up with a binding solution by themselves, thereby fostering the existing relations. However, where the parties cannot see eye to eye, we get a neutral trained arbitrator who serves as a judge and comes up with the final verdict which in most cases seems just before the law to both parties.
- Drafting of relevant documents and effecting service incidental to any legal proceeding
We assist in drafting any legal document for the indigent, whether the matter involves an individual, a group, or the community as a whole. Subsequently, we affect service where necessary, for example, when petitioning the government or a government body.
- Reaching or giving effect to any out-of-court settlement
We ensure that the parties to a dispute that has been resolved through ADR implement the recommendations therein so as to maintain the cordial relationship that existed before.
As a dedicated Legal Aid provider with a view of accelerating access to justice, especially for the Indigent, Commoner Concerns Centre is committed to ensure that Human Rights, as enshrined in The Constitution of Kenya, 2010, are upheld. The Organisation envisions a society where the rule of law prevails in the day-to-day happenings and in every activity undertaken, either: individually, collectively, or by any level of government.
The Organisation strives to achieve all these through advice and capacity building, offered to the indigent by our able Legal Team that is well-versed in both local and international laws. In addition, we have maintained a cordial relationship with the major stakeholders including the Local Communities – especially through the Community-Based Organisations and Self Help Groups, the National and County Governments, Non-Governmental Organisations, and other Non-State actors such as Religious Groups.