GAZETTE NOTICE NO. 370

THE CONSTITUTION OF KENYA

THE JUDICATURE ACT (Cap. 8)

THE CIVIL PROCEDURE ACT (Cap. 21)

PRACTICE DIRECTIONS RELATING TO PAUPER BRIEFS SCHEME AND PRO BONO SERVICES

IN EXERCISE of the powers under Article 161 (2) (a) and Article 165(6) of the Constitution of Kenya, in pursuance of section 10 of the Judicature Act, which makes provisions for the Chief Justice to make Rules of Court for regulating the practice and procedure in the High Court and the Civil Procedure Act and the Civil Procedure Rules, 2010.

Pursuant to Article 50, 50(2) and 50(2) (h) of the Constitution of Kenya, 2010, the Civil Procedure Act, Orders 33 and 44 related to the application of pauper briefs and pro bono services, the Chief Justice of the Republic of Kenya gives the following practice directions:

1. Pro bono services shall be offered in the Supreme Court, Court of Appeal, High Court and the Magistrate Courts.

2. Pro bono services shall be offered in capital cases and cases of children in conflict with the law in the Magistrate Court.

3. To enhance accountability and provide a clear framework of entry and exit to the Scheme, advocates shall apply to serve using a standard application form.

4. Pro bono briefs shall be allocated to individual advocates and not firms.

5. An advocate appointed by the state shall be discharged if the accused person, appellant or their family engages an advocate.

6. All stations shall form pro bono committees chaired by the Registrar, Deputy Registrar, or Head of Station and the member shall include; Court Administrator, a representative of the Law Society of Kenya and two nominees of the Court Users Committee that shall allocate pro bono briefs.

7. Any new brief being allocated to an advocate shall be evaluated against pending pro bono work load of an advocate.

8. The fees payable shall be an all-inclusive sum of Ksh. 30,000.

9. The fees shall be paid in 2 installments: the first installment after first appearance and the second installment upon completion of the brief.

10. The fees shall be managed centrally at the Chief Registrar’s Office.

11. The fees payment shall be based on certification by the station pro bono Committee.

12. The Registrars of the respective Courts shall keep a register of all advocates involved in pro bono services where relevant information and feedback on their performance shall be recorded.

These directions shall take effect from 1st July, 2016.

Dated the 20th January, 2016.

Willy Mutunga
Chief Justice / President, Supreme Court of Kenya