Communique: Legal Practice During the COVID 19 Pandemic

The enactment of the Legal Aid Act marked a significant milestone in the development of the justice system in Kenya. Since independence in 1963, legal aid was being offered by both state and non-state actors, with non-state actors as the major provider, operating without any clear legal, institutional and coordination framework. Majority of the non-state legal aid providers were Civil Society Organizations in partnership with community paralegals.

With the enactment of the Legal Aid Act, the Government of Kenya has adopted a collaborative and systemic approach that brings together both state and non-state actors in a coordinated manner in the delivery of legal aid. In addition to this, the Legal Aid Act has given formal recognition to the paralegals.

ICJ Kenya will held a webinar on 27 April 2020 to discuss the challenges and opportunities for legal aid actors in promoting access to justice for the poor and marginalized during the COVID-19 pandemic. This event was also be held to commemorate the entry into force of the Legal Aid Act (26 April 2016).

The discussions were centered on the following themes:

1. Immediate and long-term steps to mitigate the risks of the spread of COVID-19 as well as ensure that legal services and legal practice continue without affecting access to justice for clients and the citizens;
2. Immediate measures law firms can undertake to ensure their work continues;
3. Strategies law firms should adopt to tackle internal operations, such as staff retention, safety, use of technology and budget adjustments;
4. How lawyers, can best respond to ensure access to justice for the most vulnerable in our society; and
5. Creative and innovative proposals for the Judiciary to ensure access to the courts by litigants.

In the discussions, participants acknowledged the following:

1. THAT the Judiciary has been able to utilize Information Communication and Technology (ICT) to enhance internal and external communication with stakeholders and Court users;
2. THAT the Judiciary in Kenya is yet to fully automate court operations;
3. THAT there is a disagreement in the legal fraternity as to whether the courts should be fully reopened; d. THAT many legal practitioners in Kenya are yet to embrace technology and digitization of operations in firms; and
4. THAT lawyers have a key role in helping the vulnerable and the marginalized in
5. accessing justice during the COVID-19 pandemic.

Kindly DOWNLOAD ICJ Kenya’s Communique from the Webinar on Legal Practice During the COVID 19 Pandemic that was held on Tuesday 21st April 2020.