Chief Justice Martha Koome has directed all courts to ensure that robbery with violence suspects are accorded state lawyers.
In a letter dated Monday, November 1, the CJ explained that the suspects were entitled to an advocate once accused of a capital offence such as robbery with violence or murder.
According to the CJ, all those who are accused of the offence may be sentenced to death. Whereas murder suspects are accorded state lawyers, some of those accused of robbery don't get the chance.
"The right to legal representation is entitled to all accused persons including those charged with capital offences. However, the practice has been that in regard to capital offences only those charged with murder often receive legal representation funded by the state.
"Recognising that the offence of robbery with violence under section 296(2) of the Penal Code is a capital offence whereby the accused person if convicted is sentenced to death it is imperative that persons charged with the said offence equally have legal representation," read CJ Koome's letter in part.
The CJ further appointed Judiciary Ombudsperson Kennedy Bidali to oversee the enforcement of the directive in all courts from the Supreme Court.
He was directed to collaborate with the registrars of the Supreme Court, the Court of Appeal, High Courts as well as Magistrates Court to enforce the directive.
Bidali was also tasked with the preparation and presentation of monthly status reports to the office of the CJ regarding the implementation of the directive.
Article 502(2)(h) of the Constitution of Kenya provides that an accused person should be provided with an advocate, at the State's expense, if substantial injustice would be occasioned to the accused person by lack of legal representation.
According to the latest available data, robbery with violence cases had slightly fallen from 22 per 100,000 people in 2004 to only 6 in every 100,000 people in 2018.
According to the law, a person charged with the offence risks 14 years in prison.
The suspects, however, face death sentences if they were armed at the time of the offence, in the company of one or more persons or wounds, strikes, beats, or uses any form of violence in the incident.
