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…If indeed the appellant had required legal representation in limine he should have raised it early enough. 15.…

…representation pursuant to which the trial is compromised in one way or another only then would the state be obligated to provide legal representation” 18.…

…legal representation for the accused. (5) The provision of legal representation under sub-section (4) shall be subject to the criteria for eligibility for legal aid under this Act. (6) Despite the provisions of this section…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…He stated that he had no legal representation, was not given the chance to present a case for mitigation, and that his sentence of death was excessively severe.…

…There is nothing on the record that the right to legal representation was explained to the appellant at the time of plea or even during the proceedings.…

…with violence is a capital offence which carries a severe penalty where lack of legal representation would otherwise occasion to an injustice. 3.…

…by an Advocate of one’s choice and any other attendant information be availed accordingly to be able to make a choice on whether he/she requires any legal representation.” 31.…

…In other words, he is entitled to his own choice of legal representation as was with the Plaintiff herein.…

…representation.…

…representation in general and the right to legal representation at state expense.…

…The Supreme Court made this vital distinction thus: “…it is obvious to us that in criminal proceedings legal representation is important.…

…in court whereas the accused choose to proceed on his own without any legal representation.…

…Republic [2024] KEHC 1317 (KLR) , T.A Odera J. stated thus: “At what point is the court required to inform an accused person of his right to legal representation?…

…We do not entirely concur with that holding, as it has the effect of limiting the right to legal representation in criminal trials only to cases where the accused person is charged with a capital offence.…

…Section 43 of the Act imposes a duty on the court to inform an accused person of his right to apply for legal representation.…

…legal representation for the accused. (5) The provision of legal representation under sub-section (4) shall be subject to the criteria for eligibility for legal aid under this Act. (6) Despite the provisions of this section…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…Courts have dealt with the need to avail such information to an accused person to enable him/her make a choice on legal representation.…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…That the Appellant did not raise the issue of legal representation before the trial court and cannot fault the trial court.…

…to legal representation of their choice as per Article 50(2) (g) and where it is satisfied that substantial injustice maybe occasioned then the Court is mandated to inform the accused promptly of the right to legal representation…

…The Applicant also seeks findings and directions that he was compelled, coerced and forced to proceed with the trial after he had requested time to secure legal representation; that he sought legal representation or pro bono…

…I am, however, alive to the seriousness of the Applicant’s complaint regarding legal representation.…

…He added that his right to a fair trial was also violated when the trial court failed to inform him of his right to legal representation, when it failed to provide him with legal representation and when he was given statements…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…That his constitutional right to legal representation as provided under Article 50 (2) (g) (h) was infringed as the said article was not complied with by the trial court.…

…Section 43 of the Act imposes a duty on the court to inform an accused person of his right to apply for legal representation.…

…legal representation for the accused. (5) The provision of legal representation under sub-section (4) shall be subject to the criteria for eligibility for legal aid under this Act. (6) Despite the provisions of this section…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…Article 50(2)(h) of the Constitution guarantees the right to legal representation at state expense where substantial injustice would otherwise result.…

…In David Njoroge Macharia v Republic [2011] eKLR, the Court of Appeal stated that: - “Under the new Constitution, state funded legal representation is a right in certain instances.…

…Whether the Trial Court erred in not according the Appellant legal representation. 19.…

…The Constitution is crystal clear that an accused person is entitled to legal representation at the State’s expense where substantial injustice would otherwise be occasioned in the absence of such legal representation.…

…if the trial proceeded without legal representation.…

…In any event it would be a misnomer for the state to fund the legal representation of sexual offenders.…

…Legal Representation The Appellant submitted that because of the seriousness of the charges that he faced before the trial court, the State should have accorded him legal representation at its expense as provided for under…

…It would be proper to presume that the Appellant is taking issue with the failure, by the trial court, to inform him of his right to legal representation.…