Parliament asked to enact legislative framework to accredit paralegals in Kenya

 National Assembly [PHOTO:COURTESY]

A petition has been filed in the National Assembly seeking the enactment of the Paralegal (Limited Right of Audience) Bill 2O26 a proposed legislative framework intended to formally recognise, regulate, and accredit paralegals in Kenya.

The petition presented to the Clerk of the National Assembly by Jukwaa La Sheria Director Aloise Odhiambo seeks to grant the paralegals in Kenya limited rights of audience before designated courts and tribunals as may be prescribed by the law.

Odhiambo said that the proposed legislation is anchored on the constitutional principles of access to justice under Article 48 and the administration of justice under Article 159, aiming to enhance justice for indigent, marginalised, and undeserved communities.

“The proposed legislation seeks to provide affordable community-based legal assistance, to establish standards of training, accreditation, and professional accountability for paralegals, and support the efficient administration of justice while safeguarding the integrity of the legal system,” said Odhiambo.

The petition seeks to enhance access to justice for accused persons who appear in criminal courts without legal representation, since articles 48 and 5O of the constitution guarantee access to justice and a fair trial, since many accused persons appear unrepresented before subordinate courts.

Odhiambo said there are several gaps in legal aid, which is insufficient for all indigent accused persons, while paralegals provide critical legal support in prisons and communities, and that in 2O14 he petitioned parliament on prison conditions and successfully moved a constitutional petition for persons imprisoned under presidential pleasure.

The petition points out that a significant number of Kenyans are unable to afford legal representation due to high legal fees and limited availability of advocates, particularly in the rural and marginalised areas, where small claims courts and magistrates' courts continue to experience heavy case backlogs.

“Trained paralegals currently assist litigants informally but lack statutory recognition, regulatory oversight, and limited rights of audience with the lack of a legal framework governing paralegals, creating uncertainty, risks to consumers of legal services, and limiting access to affordable legal support,” said Odhiambo.

The petition requests the National Assembly to initiate the Paralegal (Limited Right of Audience) Bill 2O26 and facilitate public participation across all counties and refer the matter to the relevant Committee for legislative processing.

The petition asks parliament to enact a law providing for accreditation, regulation, a limited scope of representation, and professional discipline of certified paralegals, and ensure the framework safeguards the integrity of the legal profession while enhancing access to justice.

The paralegals will assist during plea taking in misdemeanor offences, making oral or written bail or bond applications, assisting in applications for bond pending trial, assisting the accused during mention proceedings, and providing procedural guidance to unrepresented accused persons.

“In matters involving capital offences, a paralegal may appear only for purposes of mention proceedings, procedural assistance, and facilitating legal representation,” said Odhiambo.