A critical analysis of the right to counsel as a means to a fair trial for the unrepresented accused in Kenya

Abstract

Right to counsel is a fundamental right in ensuring a fair trial for the accused. In the adversarial legal system, an unrepresented accused is already at a disadvantage in conducting his case as compared to the prosecutor in view of the principle of equality of arms. Pursuant to Article 48, 50(2) (g) and (h), Kenya has an obligation to realise the right to counsel. Police, judges, lawyers, paralegals, and the state are all essential in the criminal justice system to ensure this right. The study investigates how the state approaches the right to counsel for the unrepresented accused by comparing the situation in Kenya to the United Kingdom and South Africa to derive lessons from them.