Right to legal aid for the indigent accused in Kenya and Tanzania

The study is centered on the right to Legal Aid for the Indigent Accused in Kenya and Tanzania. The research is limited to non-capital offences with a focus on severe prison sentences e.g. rape, armed robbery and robbery. This study proves that the current legal practice in Kenya and Tanzania does not guarantee the right to legal aid for every indigent accused regardless of the offence charged and that the indigent accused in Kenya and Tanzania are being denied the right to access justice due to absence of compulsory State sponsored legal aid in criminal cases for every accused person. The study analyses legal aid in Kenya and Tanzania by reviewing legal aid laws, legal aid systems and challenges encountered by Kenya and Tanzania in the provision of legal aid. Also, the study makes an analysis of legal aid system of South Africa by examining the legal aid laws, legal aid systems, its funding, management and challenges encountered by South Africa in offering legal aid for indigent accused. The methodology used was library research, case study review, interviews of officials from NGO, governmental institutions and law societies, magistrates, interrogators, prisoners and remandees; observation, and questionnaires. The research has established that most international and regional conventions do not strictly provide for the right to legal aid save for the American Convention on Human Rights. Also, the findings reveal that South Africa has to a great extent managed to provide legal aid for all indigent accused despite some minor setbacks. The study findings reveal that the laws of Kenya and Tanzania require Courts to provide legal aid