The right to cancel the right to counsel?

This paper critically examines the judicial interpretation of the right to counsel at state expense in Kenya proposing reforms to augment the realization of the right. It highlights the importance of the right to counsel at state expense to the realization of the right to fair trial. The paper advocates for a due process test that recognizes the right to counsel at state expense as an integral element in realizing the right to fair trial without which the trial would be rendered unfair and conviction quashed. This offers protection to the indigent accused persons in the Kenyan criminal justice system. Key Words: Legal Representation, State Expense, Poor, Accused Person, Kenya.

1.0 Introduction

The adversarial court system demands that the accused person is legally represented as the failure to get a counsel may place them on unequal footing with the prosecution

1 . The right to counsel is thus crucial for the enjoyment of the right to fair trial which is a fundamental aspect of the criminal justice system.

2 The Constitution of Kenya provides for the right of the accused to counsel and for those who cannot afford, the right to counsel at state expense.

3 However, for the enjoyment of the right to counsel at state expense, the accused person should be at the risk of suffering substantial injustice if not legally...  Read more