Clarity about what to do and how to do it at all

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Clarity about what to do and how to do it at all stages of any court process. Good early advice on merits and on litigant risks, including adverse cost, and on the need to be realistic and to be prepared to compromise. The following remedies are suggested; Improve accessibility, currency and content of existing website material Prepare and publish, at least online, a “nutshell” guide for self-representation litigant Priorities judicial and court staff discussion service provision to self-represented litigants Provide a short memorandum to judges that summaries the existing availability of pro bono advice and assistance Publish guidance for court staff when dealing with self-represented litigant Commented [fS12]: ? Commented [fS13]: ? Commented [fS14]: What?
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7 Introduce a guide to small claims Increase the number of courts centers that have a personal support unit, and support these with an information office Find new way of funding the infrastructure of pro bono and other types of support Interventions by judicial officers regarding unrepresented litigants Legal representation is a work that a licensed attorney performs on behalf of a client. The underlying principle in this concept is manifested where the attorney makes presentations in the place of the client. Whereas the client may be available in court during the adjudication of the case, substantive legal arguments are made on his behalf by the attorney as opposed to himself. The requisite provisions on the right to legal representation are found in article 50 of the Constitution, 2 on the fundamental right christened ‘Right to fair hearing.’ That article provides that: 50. (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body. (2) Every accused person has the right to a fair trial, which includes the right (h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly; Under article 25 (c) the ‘right to a fair trial’ is among the fundamental rights and freedoms which shall not be limited. In the case of Dominic Kimaru Tanui v Republic 5 the court explained that substantive injustice would occur in cases ‘such as where there are complex issues of law or fact, where the accused is 5 Dominic Kimaru Tanui v Republic HCCRA 12 of 2012 [2014] eKLR.
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8 unable to conduct his own defense, or where public interest requires that representation be provided. In the court of appeal decision of David Kamau Macharia v R . 6 the court had earlier stated that: Article 50 of the Constitution sets out a right to a fair hearing, which includes the right of an accused person to have an advocate if it is in the interests of ensuring justice. This varies with the repealed law by ensuring that any accused person, regardless of the gravity of their crime may receive a court appointed lawyer if the situation requires it. Such cases may be those involving
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  • Spring '16
  • Lawyer

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