60. The Government has drafted the Legal Aid Bill, 2013 which seek to give effect to Articles 48, 50(2)(g) of
the Constitution, to establish the National Legal Aid Service and to make provision for legal aid and
access to justice. A national policy to this effect has also been finalised.
61. There are Court Users Committees established in every Court station which bring together
stakeholders in the justice sector including the Judiciary, the Kenya Police, Kenya Prisons Services, and
Probation and After Care Services. They foster effective and efficient criminal justice system. These
Committees have facilitated Case mentions in Prison instead of transferring accused persons to court
for the same, thus reducing the time taken to conclude cases.
62. In The High Court of Kenya At Nairobi (Nairobi Law Courts) Constitutional Petition 318 of 2011, John
Swaka v The Director of Public Prosecutions & 2 others [2013] eKLR, the Office of the Director of
Public Prosecution and the Department of Justice reaffirmed the Government’s commitment to comply
with the provisions of Article 50(2)(h) of the Constitution which gives a an accused person 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. The applicant in this case
was charged. The High Court at Nairobi (Nairobi Law Courts) Petition 459 of 2006 Joshua C. Kulei V
Kenya Anti Corruption Commission & Another [2013] eKLR, the Court held among other things that
the law cannot be applied retrospectively keeping in mind the right to a fair trial and the rights of an
accused person .
63. For enhanced awareness of the law, the National Council for Law Reporting has created a data base of
all Laws, Bills, Legal Notices and Gazette Notices. It has also uploaded selected cases that have been
determined in Kenyan Courts.
64. As at 1st April 2014 there were 10,960 lawyers who had signed the Roll of Advocates. Out of this 6,003
were active members and possess current practicing certificates while 3,432 were inactive. 54 had been
struck off the Roll of Advocates while 38 had been suspended. Though the ratio of lawyers to the
public remains low, this is considerable progress.
65. Article 105(2) requires that election petitions be heard and determined within 6 months after the
elections. Following the March 2013 general elections, the Judiciary established Election Courts to hear
and determine the election petitions that were filed in Court. These were concluded and all judgments
delivered by 4th October, 2013 thereby ensuring that the same do not increase the backlog of cases. A
number of appeals are still in the Courts at the time of submitting the report.
Article 8: Freedom of Conscience and Religion
66. Article 8 of the Kenyan Constitution states that there shall be no State religion while Article 32
guarantees freedom of conscience, religion, belief and opinion and it provides that “every person has
the right to freedom of conscience; right to manifest any religion or belief through worship, practice,
teaching or observance. The Constitution further prohibits discrimination on the basis of one’s religious
belief by specifically providing that a person may not be denied access to any institution, employment
or facility, or the enjoyment of any right, because of the person’s belief or religion. The Constitution
also bars one from being compelled to act, or engage in any act, that is contrary to the person’s belief or
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