Legal pro-bono work in Kenya is as old as the profession itself. Many leading lawyers have extended free services to Kenyans limited financially and who would otherwise hardly access justice. Now, this noble undertaking has been recognized and appreciated.
By David Wanjala
Amnesty International Kenya (AIK) in partnership with the Law Society of Kenya (LSK) sponsored The Pro-bono Lawyer of the Year Award 2013, the first ever in Kenya, on December 10, 2013 to recognize pro-bono contribution of lawyers in the field of Economic, Social and Cultural Rights (ESCR).
AIK’s facilitation of the award was informed by the organization’s five-year campaign focused on human rights violations that intensify poverty in in the slums and informal settlements, says Charles Nyukuri, AIK Growth and Human Rights Education Coordinator.
Pro-bono is a Latin phrase for professional work undertaken voluntarily and without payment or at a reduced fee as a public service and common in legal profession. Unlike traditional volunteerism, pro-bono involves specific skill of professionals to provide services to those who are unable to afford them.
In the last year’s inaugural event, advocates Carol Mburugu, Elisha Ongoya, John Chigiti and Tony Mulekyo were awarded for their landmark contribution towards achievement of ESCR.
A nomination committee comprising AIK, LSK, Kenya Media Network, Family Health Kenya and the East Africa Centre for Human Rights identified the four through an intensive process.
Ms Mburugu was nominated for promoting the right to housing, particularly in the case of Satrose Ayuma vs. Kenya Railway Staff Benefit Retirement Scheme and Two Others. The court went ahead to find the evictions in 2012, as unconstitutional. “She has also filed cases on other economic and social rights such as the right to health,” Gilbert Onyango, director East Africa Centre for Human Rights said while presenting the award.
Mr Ongoya was nominated with regard to the right to housing. Over the years, the nominating committee said, he had filed several cases challenging the violation of the right to housing “and has also been instrumental in pushing the boundary with regard to litigating landmark cases in the country.”
John Chigiti and Tony Mulekyo were jointly nominated for their role in the Muthurwa evictions in Nairobi. They fought the demolition and/or eviction of area residents. They were also instrumental in developing eviction guidelines.
To be awarded, one must have taken up ESCR related cases in slums that led to judicial pronunciations or jurisprudence. The same should also have resulted in: Slum-based individuals or communities taking control over ESCR decisions that affect their lives, their voices to be heard and their rights to be respected; the public relating to the situation in slums and informal settlements including poverty, insecurity and exclusion and; creation of awareness on how slum dwellers demand dignity and justice.
The nomination process is strict. The nominating committee posts a call for nomination on the AIK and LSK’s websites and an advertisement in one of the mainstream dailies. Only qualified advocates of the High Court of Kenya, heads of civil society organisations working in the ESCR sector, eminent academics in the field of ESCR and heads of international organisations qualify to nominate.
Submissions must comprise a completed nomination form and must also be accompanied with: Detailed description of the nature of the nominee’s activities that contribute to the realization of ESCR and/or positive change in society, clearly highlighting the role of the nominee in delivering justice to slum-based communities or individuals through his or her pro-bono intervention; a summary of the nominee’s achievements in terms of their relevance to the award; names and contact information of at least two referees and; additional supporting documents such as court rulings, testimonials, articles, curriculum vitae and material relevant to the nomination.
The completed nomination documents are then emailed to the LSK-AIK Pro-Bono Award Scheme Secretariat where a jury of five esteemed practitioners in the field of ESCR evaluates submitted nominations to choose the prizewinner.
Amnesty International is the world’s most influential human rights organization. It received the 1977 Nobel Peace Prize for its life-saving work. With a vision for everyone to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards, the organization is independent and impartial in its research.
The Kenya chapter of the Amnesty International, AIK, has, since 2009, mainly focused on addressing Human Rights Violations that Drive and Deepen Poverty especially within the context of adequate housing rights of people living in the slums and informal settlements. AIK sees the engagement to celebrate the sacrifices that lawyers undertaking pro-bono work go through in advancing the course of justice as a conduit for raising human rights awareness and therefore empowering the people.
This year’s awards will take place in December. AIK, LSK and the other organizers are already planning the event by bringing on board more stakeholders and improving the nomination process to ensure only the deserving get awarded.
TI opposes death penalty for graft
Transparency International (TI) Kenya has opposed a move by Kiharu MP Irungu Kang’ata to amend Section 48 of the Anti-Corruption and Economic Crimes Act to impose the death penalty on those guilty of corruption.
TI Executive Director Samuel Kimeu found the lawmaker’s move “misdirected and diversionary”.
“Our position is informed by two reasons. First, the imposition of the death penalty for any offence has been a divisive issue in Kenya. Even though the death penalty is still in our statute books, there is very strong sentiment against it. There exists an effective moratorium on executions that tilts the balance in favour of those against the death penalty in Kenya.
“Secondly, the debate on the death penalty unnecessarily diverts attention from the important work of strengthening our justice system to ensure there are no gaps that the corrupt use to escape justice. So far, the frustration of many Kenyans is that there are very few people who are being held to account successfully through the legal system.”
Kimeu said the effectiveness of any legal system was founded not on the extremity of the sanctions thereof, but on the consistency of enforcement. “There is very little utility in allowing for extreme sanctions even if the seemingly lenient ones are hardly delivered. The sanctions for corruption in our statute books if stringently enforced, coupled with upholding the principle of equality before the law are sufficient in helping Kenya succeed in fighting corruption.”
