The Youth Cafe Joins The Trustlaw Network Of Nonprofits And Social Enterprises

The Youth Cafe is excited to become a member of the Trust Law. TrustLaw is the Thomson Reuters Foundation’s global pro bono service that links high-impact NGOs and social enterprises with the best law firms worldwide. Trust law offers free services for NGOs/social enterprises. They connect NGOs/social enterprises to lawyers in over 175 countries worldwide. TrustLaw works with high-impact organizations requiring pro bono legal assistance.

TrustLaw is a rapidly growing community of over 6,685 members, including 1,107 law firms, in-house legal teams, and 5,578 NGOs and social enterprises. 

To date, TrustLaw has connected over 8,124 pro bono legal projects, and our mission is to spread the practice of pro bono to help as many NGOs and social organizations as possible.

The objective of TrustLaw is to help its member organizations focus on achieving their social missions rather than spending valuable resources on legal expertise.

TrustLaw has grown to become the world’s largest global pro bono network. Through the facilitation of pro bono legal support and research, as well as the provision of resources for organizations across the globe, we work to advance media freedom, foster more inclusive economies, and promote human rights.

Civil Society Organizations (CSO) like The Youth Cafe have long been at the forefront of championing human rights as the government's self-appointed watchdog, especially ensuring access to justice for all. The CSOs have over the years advocated for enacting the Legal Aid Act with the formulation of the Legal Aid Policy. 

Through the Legal Aid Act, CSOs and other non-state actors can play a role in boosting the efforts of the NLAS through the provision of legal aid services. 

In support of the Legal Aid Act, the Kenya Judiciary adopted the Alternative Justice System Policy, which sought to enhance the administration of justice through Alternative Dispute Resolution mechanisms. Unfortunately, decisions from the informal justice systems do not have the force of law and are unenforceable.

Through this network, The Youth Cafe can post requests for legal assistance with matters such as; Legal research on laws and policy across multiple countries to identify best practices or policy gaps, Drafting or reviewing commercial agreement such as partnership contracts or sales contracts, and Protecting it’s organization’s intellectual property, including trademarks or copyright advice,

Additional legal benefits that The Youth Cafe can get from Trustlaw include; Review of the organization’s articles of association or governance documents to ensure they are appropriate for the activities and compliant with the relevant regulations, and Creation of employment contracts for staff/volunteers or assisting with general employment/HR issues.

The majority of the Kenyan populace are the youth comprising 35% of the total population and 55% of the labor force. Yet, they are the most marginalized and disenfranchised regarding accessing justice. Article 260 of the Kenyan Constitution defines youth as individuals between 18 and 35.

Legal services in Kenya are far beyond the reach of the typical youth as they are expensive and laden with technicalities. Majority of the youths also have inadequate knowledge on procedures required when seeking Legal Aid. The Legal Aid Fund provided for in the Legal Aid  Act of 2016 lacks sufficient financial resources to meet the legal bills of every person unable to obtain effective legal presentation. This leaves non-governmental organizations as the best alternative available to provide legal services.

In its capacity as a youth-led organization seeking to promote access to justice for young people in Kenya and Africa, The Youth Cafe aims to address various stumbling blocks for youth access to justice through its new membership with TrustLaw.

The Youth Cafe is keen to promote youth participation in the conceptualization and implementation of transitional justice mechanisms in the Africa Union Member States. 

Kenya, being a member of the United Nations and African Union, has ratified the Universal Declaration of Human Rights and the African Charter on Human And People’s Rights.

The Constitution of Kenya provides that all international laws, treaties, and conventions, among other instruments which Kenya has ratified, form part of Kenya’s laws where all international obligations are binding. Human Rights have been included in various legislations. Still, there hasn't been a specific focus on youth rights on fair access to justice except as a general law applicable to all persons. 

Chapter Four of The Kenya Constitution (2010) make provisions for the Bill of Rights in Article 19, which are an integral part of outlining the Rights and Freedoms of all Kenyans whose purpose is to recognize and protect human rights and fundamental freedoms, preserve the dignity of individuals and communities, and to promote social justice and the realization of the potential of all human beings. 

In its promotion of Access to Justice and Fair Hearing, one of the rights encapsulated is the Right to a State-Funded Legal Representative according to Article 50 2 (g) (h) of the Kenyan Constitution. In implementing this right, the government established a National Legal Aid Service to provide legal aid and legal assistance funding in Kenya by enacting the Legal Aid Act of 2016, which seeks to facilitate access to justice and social justice.

TrustLaw can help with a variety of projects to build the capacity of organizations that may interest The Youth Cafe. Trust law can help organizations in areas of corporate law involving legal structures for non-profits and social enterprises, expanding operations abroad, and proper governance practices, including the roles and responsibilities of board members, employment law; fair hiring, and employee benefits procedures.

Further, TrustLaw can provide guidance on best practices for managing volunteers, Intellectual Property (IP) involving protecting and defending IP through trademarks, patents, copyrights, privacy and data protection, and regulatory and tax obligations which tackle on reporting activities, fundraising limitations and cross-border operations, cross border legal research, and advice on social policy issues. 

TrustLaw helps NGOs access legal support that can help carry out an in-depth analysis of laws relating to social issues such as human trafficking, forced labor, domestic violence, sexual and reproductive health, etc. in multiple jurisdictions, which our organizations then use to advocate for change in legislations or run ground-breaking programs in their own countries.

Through the new partnership, The Youth Cafe can benefit from free legal assistance in various areas, including structuring, which entails selecting the correct legal entity for it as an NGO or any of its social enterprises, and staffing which encompasses employment and volunteer agreements. Advocacy involves researching laws in multiple countries and comparing best (and worst) practices, funding surrounding partnership or funding agreements, and intellectual property and brand protection, which involve trademark registration, copyright, patents, and licensing.

Furthermore, TrustLaw hosts various in-person and online capacity-building events to provide practical guidance on relevant issues to their members and partners. In addition, TrustLaw runs accredited legal training, such as social enterprise and impact investing training. The Youth Cafe has already participated in some of these events, which offer great networking and learning opportunities.