COST BENEFIT ANALYSIS FACT SHEET

The Constitution of Kenya guarantees access to justice for all in Article 48. It obligates the state to ensure that cost of justice does not impede its access. In addition, the National Assembly enacted the Legal Aid Act 2016 to give effect to Article 48 of the Constitution by developing a legal aid scheme to assist indigent persons access legal aid. Nonetheless, the Act is yet to be fully implemented thus, the indigent are unable to exercise their right of access to legal aid services.

It is therefore important to have persuasive information and data that demonstrates that investing in legal aid programs is useful. Such information can be used by policy makers as a tool to better evaluate the economic impact of legal aid services and make informed decisions on how to address the justice gap and allocate funding most efficiently and effectively.