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Will the court give you a lawyer if you are charged and can't afford one?

Constitution of Kenya and Legal Aid Act, 2016 · sources read 2 Oct 2026

If you are charged with a crime and have no lawyer, the court must promptly tell you of your right to a lawyer and, where substantial injustice is likely, of your right to one assigned by the State at State expense, and inform the National Legal Aid Service (NLAS). If the charge carries the death penalty, the court must order NLAS to represent you.

How long
NLAS decides on an application within 48 hours of receiving it.
Where
Ask the court, or the officer in charge of the police station or prison. You can also apply to the National Legal Aid Service online (nlas.go.ke) or at an NLAS office.
Go to the official site

Steps

  1. If you are held in custody, tell the officer in charge you want legal aid. They must help you fill the application form and send it to NLAS within 24 hours.
  2. In court without a lawyer, tell the magistrate or judge you cannot afford one. The court must tell you your rights and inform NLAS to provide legal aid.
  3. You or your family can also apply to NLAS directly, using the application form on the NLAS website or at any NLAS office.
  4. You can ask for legal aid at any stage of the case, as long as the court has not yet made its final decision.

Watch out

  • Not having a lawyer does not stop the case. The trial can go on without one.
  • A State-assigned lawyer is not automatic. The court looks at how serious the charge and sentence are, how complex the case is, and whether you can defend yourself.
  • It is an offence for anyone to deliberately stop a person in custody from applying for legal aid.

Who this covers

  • Every accused person, where substantial injustice would otherwise result.
  • Anyone charged with an offence punishable by death who has no lawyer.
  • Children in court without a lawyer: the court may order NLAS to represent them.
  • Everyone held in a police station, prison or children's remand home must be told legal aid is available.
Official sources (3)
  1. Legal Aid Act, 2016 (No. 6 of 2016) new.kenyalaw.org · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
  3. Legal Aid nlas.go.ke · read 2 Oct 2026

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