Three months ago, the Centre for Legal Aid and Clinical Legal Education (CLACLE), Kabarak University Law Clinic, issued a Call for Submissions for the CLACLE Blog Symposium 2026: Legal Aid Act @10 – Successes, Challenges, and the Future of Access to Justice in Kenya.[1]
This symposium serves two principal purposes. First, it seeks to assess the first decade after the coming into force of the Legal Aid Act, No. 6 of 2016, one of Kenya’s most significant legislative interventions in advancing access to justice. Second, it aims to create a platform for meaningful reflection and dialogue on the evolution of legal aid, access to justice, and human dignity in Kenya.
The Legal Aid Act was enacted on 22 April 2016 and came into force on 10 May 2016, six years after the promulgation of the Constitution of Kenya, 2010.[2] Its primary objective was to give practical effect to the constitutional guarantees of a fair hearing and access to justice.[3] Indeed, access to justice serves as a critical bridge between legal rights and everyday living standards, determining whether individuals can protect their livelihoods, secure shelter, defend their freedoms, and hold institutions accountable.
The call for submissions attracted a diverse range of contributions from students, legal practitioners, scholars, and clinicians across the country. While we received many thoughtful and compelling submissions, only a select number progressed to publication following a rigorous editorial review conducted by CLACLE’s Research and Policy Committee. The editorial process was led by Rugenge wa Nciko, CLACLE’s outgoing Chairperson, with the support of Joy Makena, Ian Duncan Ekisa, Joshua Fwamba, Asheen Chepkoskei, Ian Kerina, Irene Kireyian, Caren Nalwenge, Shady Blair, Emmanuel Kalama, and Rose Ndanu. We are deeply grateful for their dedication, professionalism, and the countless hours they invested in reviewing submissions, providing editorial feedback, fact-checking sources, and ensuring the quality of the contributions featured in this inaugural symposium.
Beginning 15 June 2026, the symposium opens with Joshua Fwamba, who posits that access to justice, as a socio-economic right rooted in the protection of human dignity, requires greater investment in legal literacy and legal awareness. Drawing from the Legal Aid Act and CLACLE’s own experiences, he contends that Kenya’s legal aid framework has disproportionately focused on legal representation while underinvesting in preventive justice through public legal education. He concludes by proposing a more structured partnership between the National Legal Aid Service (NLAS) and university law clinics, positioning law clinics as institutions of preventive justice.
Oketch Odiambo follows with a critical examination of the Legal Aid (General) Regulations, arguing that documentary requirements imposed on applicants create significant barriers for stateless persons and other vulnerable groups. He demonstrates how the current framework inadvertently excludes those whom the Act was intended to protect and proposes practical reforms that can be implemented without amending the parent statute.
In her contribution, Qurry Ombati evaluates the effectiveness of the eligibility framework established under the Legal Aid Act. She contends that the existing model systematically excludes the "working poor"—individuals whose incomes exceed statutory thresholds but remain insufficient to afford legal representation—thereby limiting the transformative potential of legal aid.
Maria Hawi, Alpha Brian, and Edwin Mike focus on the experiences of persons with disabilities within Kenya’s criminal justice system. Their contribution examines how ableism, institutional barriers, and inadequate implementation of existing legal protections continue to expose persons with disabilities to disproportionate criminalisation, detention, and denial of legal representation. They call for meaningful reforms to ensure equality, dignity, and access to justice.
Emmanuel Kalama advances the argument that legal aid in Kenya currently functions less as an enforceable right and more as a resource-dependent service. He critiques the narrow eligibility criteria and limited funding structures that have resulted in a stratified model of justice, one that serves only the clearly indigent while excluding many individuals who cannot realistically afford legal services, "working poor".
Sarah Jebet Kiplangat and Elodie Musumba examine the independence of the National Legal Aid Service (NLAS), arguing that its placement under the Office of the Attorney General and its reliance on state funding may undermine its autonomy. They suggest that legal aid institutions must be able to operate independently, particularly when dealing with matters involving the State, and explore whether NLAS would be more effective if established as a fully independent statutory office insulated from executive influence.
The symposium concludes with Duke Kosgei, who examines the financing architecture of the Legal Aid Fund. He argues that the Fund’s current financing model is structurally inadequate but demonstrates that sustainable solutions already exist within Kenya’s legal and fiscal framework. His contribution proposes innovative yet legally defensible mechanisms for expanding legal aid financing without requiring additional parliamentary appropriations.
These seven contributions represent only the beginning of a broader conversation. Additional reflections will continue to be published on the CLACLE Blog in the coming weeks. We are also pleased to announce that a Simplified Handbook on the Legal Aid Act and Access to Justice in Kenya, prepared by CLACLE student clinicians, will be released shortly as part of our efforts to make legal knowledge more accessible to communities across the country.
We extend our sincere appreciation to the diverse and courageous group of researchers, practitioners, students, and contributors who dedicated their time, expertise, and intellectual labour to advancing this important debate on access to justice and human dignity in Kenya.
As the African proverb reminds us:
“The sun does not forget a village just because it is small.”
Meaning: A reminder that justice and equity must be universal; every person and small community deserves equal dignity and protection under the law.”
May this symposium contribute, in its own small way, to the continuing pursuit of a Kenya where justice is not a privilege for the few, but a right enjoyed by all.
* Kelly Malenya is the Head of Department for the Centre for Legal Aid and Clinical Legal Education (CLACLE) and lecturer of law at Kabarak University
** Rugenge wa Nciko is the Immediate Outgoing Chairperson of Centre for Legal Aid and Clinical Legal Education (CLACLE) and an LLB finalist at Kabarak Law School
[1] Centre for Legal Aid and Clinical Legal Education, 'Call for blog submissions' CLACLE, 2026 < https://www.linkedin.com/posts/centre-for-legal-aid-and-clinical-legal-education-clacle-18ab52384_accesstojustice-legalaidact-clinicallegaleducation-activity-7426173308078813184-Gbm4?utm_source=share&utm_medium=member_desktop&rcm=ACoAAEDD9B8BnmP-MMF_WGitJQe4U0CDq4UsaEI > on 5 May 2026.
[2] Onyango Aaron Okoth, 'Rethinking the national legal aid service' 7(1) Journalofcmsd (2021) 205.
[3] Legal Aid Act, No. 6 of 2016
