Chief Justice Martha Koome has directed all accused persons charged with capital offences including robbery with violence to get legal representation by an advocate at the State expenses during trial.
In a circular issued on November 1,2020 seen by K24 Digital, Koome directed the President of the Court of Appeal, Principal Judges of the High court and Employment and Labour Relations Court, Presiding Judge Environment and Land Court, Registrars of Supreme Court, Court of Appeal and Magistrate court to ensure that all capital offenders have lawyers to represent them in their offences.
"It is hereby direct that every accused person of robbery with violence must be provided with legal representation as a matter of right as provided in the Constitution," Koome said.
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The offence of robbery with violence under section 296(2) of the penal code is a Capital offence, whereby the accused person if convicted is sentenced to death it is imperative that persons charged with the said offence equally have legal representation.
The CJ said that legal representation is entitled to all persons including those charges with capital offences.
However, the practice has been that in regard to capital offences only those charges with murder often receive legal representation funded by the state.
The CJ noted that under article 502(h) of the constitution provides that an accused person should be provided with an advocate at state's expense if substantial If injustice would be occassioned to the accused persons by lack of legal representation.
She also directed to all judges and judicial officers to engage their court user committee to innovate, establish and activate mechanisms to ensure that this constitutional imperative is observed.
Koome has also appointed Magistrate Kennedy Bidali who is Judiciary Ombudsman to spearhead the review of the programme for helping suspects facing capital offences in court cases get representation during their trial.
"Hon Kennedy Bidali, Office of the Judiciary, Office of the Chief Justice is hereby appointed to work with Registrars of the Supreme Court, Court of Appeal, High court and Magistrate courts assisted by the Directorate of planning and Organisation Performance (DPOP) to prepare and present, to my office, monthly status reports of implementation of this circular and a formula for implementation to be considered and scaled to all courts across the country," the CJ directed.
Bidali was appointed on September, 2011 as the first Judiciary Ombudsperson.
Bidali is an advocate of the High Court, admitted to the bar in 1999. He was appointed to the bench in the year 2001 as a District Magistrate
