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Ask the Constitution

Will the State give me a lawyer if I am charged and cannot afford one?

It depends

The Constitution guarantees it where substantial injustice would otherwise result, and you must be told of this right promptly. A law may provide legal aid more widely.

Article 50 gives every accused person the right to choose their own advocate. It also gives the right to an advocate assigned by the State at State expense, but only if substantial injustice would otherwise result. You must be informed of both rights promptly.

“to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result,”

Article 50: Fair hearing

Read the Articles

More questions like this

NoCan police arrest me without telling me why?No. An arrested person must be told promptly, in a language they understand, the reason for the arrest.NoCan police hold me for days without taking me to court?No. You must be brought before a court within 24 hours, or by the end of the next court day if that time ends outside court hours.YesCan I stay silent if I am arrested?Yes. An arrested person has the right to remain silent and cannot be forced to confess.NoCan police beat or torture someone to get information?No. Everyone has the right not to be tortured or treated in a cruel, inhuman or degrading way, and this right can never be limited.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.