Furthering access to justice in Kenya: a case for the operationalization of the Legal Aid Fund

Abstract

The right to access justice is a core entitlement guaranteed by the Constitution of Kenya and supported by both international and regional human rights frameworks. However, many Kenyans, particularly marginalized and vulnerable groups, face significant barriers to obtaining legal representation due to financial constraints, limited awareness, and systemic inefficiencies. The enactment of the Legal Aid Act, of 2014 sought to address these challenges by establishing the National Legal Aid Service and the Legal Aid Fund to facilitate affordable legal representation. However, the delayed operationalization of the Legal Aid Fund has hindered the full realization of these objectives, leaving many without adequate legal support. This study analyzes the legal and institutional challenges hindering the implementation of Kenya’s Legal Aid Fund. It assesses how effectively the Fund’s operationalization can bridge existing gaps in access to justice and investigates best practices from South Africa’s legal aid framework. By analyzing legislative, policy, and institutional frameworks, the study identifies key regulatory and funding gaps that undermine the impact of legal aid programs. The research subsequently highlights the potential of a fully operational Legal Aid Fund in improving access to justice through enhanced legal representation, expanded service delivery, and increased legal awareness. Drawing from a comparative analysis with South Africa, the study offers recommendations for ensuring sustainable and efficient legal aid funding, improving stakeholder coordination, and strengthening regulatory mechanisms. The findings underscore the urgent need for government commitment to fully operationalize the Legal Aid Fund as a means of advancing equitable justice in Kenya.