A critical analysis of the right to counsel as a means to a fair trial for the unrepresented accused in Kenya
Date
2021-03
Authors
Rukwaro, Ruth Wangui
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
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.
Description
Criminal proceedings are commenced by making of a complaint or when an arrested person is brought before the courts. Typically, criminal proceedings have crucial stages2 that an accused person not trained in law may not fully comprehend the significance of every stage. To safeguard the basic fair trial rights 3 of an accused during criminal proceedings 4 legal representation is necessary.