By EAJ Reporter
Incoming Judicial Service Commission (JSC) women’s representative Ekaterina Handa has called for increased government funding for legal aid programmes and greater support for advocates offering free legal services to vulnerable Kenyans.
Speaking during the Law Society of Kenya (LSK) Legal Awareness and Legal Aid Week, Handa said the high cost of legal representation continued to deny many Kenyans access to justice, despite having cases requiring professional legal assistance.
She said legal aid clinics were essential in bringing legal services closer to underserved communities and helping citizens understand their rights and the remedies available to them.
Handa commended the LSK for championing pro bono services and legal aid initiatives, noting that collaboration with the National Legal Aid Service was helping expand access to justice.
“As advocates, we have a constitutional duty to provide legal services and ensure that Kenyans from all walks of life can access justice,” she said, urging lawyers to take an active role in legal aid programmes.
Handa outlines priorities for JSC
Handa said the JSC could play a key role in improving access to justice through the deployment of judges and judicial officers across the country.
She called for a more efficient and accessible court system that caters for self-represented litigants, particularly those unable to afford legal representation.
She said court procedures should be simplified to enable ordinary Kenyans to navigate the justice system without being disadvantaged by their inability to hire advocates.
Handa also urged judicial officers to consider the challenges facing vulnerable litigants represented by pro bono advocates, saying many face significant financial and legal hurdles.
She called for greater use of alternative dispute resolution mechanisms, including court-annexed mediation and negotiation, to resolve disputes faster and at a lower cost than lengthy court proceedings.
She further proposed discussions on waiving court filing fees for the most vulnerable members of society, arguing that financial constraints should not prevent people from seeking justice.
Handa seeks government support for legal aid
The incoming JSC representative said government funding for legal aid programmes would help vulnerable citizens access legal services while creating opportunities for young advocates to gain experience and build their careers.
She argued that reasonable remuneration for lawyers participating in publicly funded programmes would enable them to serve disadvantaged communities while earning an income and developing their professional skills.
Although pro bono services remain essential, Handa said advocates needed support to sustain their work and continue assisting people unable to afford private legal representation.
She urged lawyers to participate in legal aid initiatives organised by the LSK and civil society organisations, saying professional training should be accompanied by a commitment to public service.
LSK plans legal aid outreach to prisons
Handa welcomed plans by the LSK to extend legal aid services to prisons, including Kamiti Maximum Security Prison, to assist inmates with unresolved legal matters.
She said some prisoners needed legal assistance with court mentions, delayed proceedings and other issues affecting their cases while in custody.
The planned outreach, she added, would help inmates who might otherwise struggle to access advocates or obtain information about the progress of their cases.
Handa distinguished legal awareness from legal aid, explaining that awareness helps citizens understand their rights and where to seek assistance, while legal aid provides professional support to help them enforce those rights through the courts or alternative dispute resolution.
She urged advocates to participate in the nationwide initiative, emphasising that access to justice should not depend on a person’s financial circumstances.
Handa called for cooperation among lawyers, the government, judicial institutions and civil society organisations to expand affordable legal services and ensure vulnerable Kenyans are not excluded from the justice system.
