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 legislation but 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) makes provisions for the Bill of Rights in Article 19 which are an integral part in 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 of Kenya established a National Legal Aid Service to provide for legal aid, and for the funding of legal aid in Kenya through the enactment of the Legal Aid Act of 2016 which seeks to facilitate access to justice and social justice.

The National Legal Aid Service (NLAS) major challenge crippling its mandate is inadequate funding and severe under staffing. Furthermore, the NLAS does not have far and wide reach to all the corners of Kenya.

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

The Civil Society Organizations (CSO) have for a long time been on the forefront championing human rights as the government's self appointed watchdog especially in ensuring access to justice for all. The CSOs over the years advocated for the enactment of the Legal Aid Act with the formulation of the Legal Aid Policy. Through the act, CSOs and other non-state actors can play a role in boosting the efforts of the NLAS through provision of legal aid services. 

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 when it comes to accessing  justice. Article 260 of the Kenyan Constitution defines youth as individuals between 18-35 years. Legal services in Kenya are far beyond the reach of the common youth as they are expensive and laden with technicalities.. 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 to obtain effective legal presentation. This leaves non governmental organizations as the best alternative available to provide legal services. Consequently, most young people lack knowledge to understand the procedures required when seeking legal aid. 

In its capacity as a youth-led organization seeking to promote access to justice to young people in Kenya, TYC seeks to address these stumbling blocks through its newly established pro bono legal aid initiative.

The term pro bono is short for pro bono publico, a latin word which means, ‘for the public good’. The term has been specifically used within the context of the legal profession referring to the practice of giving voluntary legal advice to individuals or organizations incapable of affording or cannot access legal services. 

The Youth Cafe’s legal aid pro bono program ensures youths acquire the much needed legal aid and most importantly legal representation in court processes. The scope of pro bono work is wide, ranging from supporting research on law reforms, legal education to the public, to direct assistance with client legal cases such as assistance with lodging and filing forms, drafting legal documents, provision of legal counsel and client interviewing.

Our pro bono program allows young lawyers to provide legal services to young people who would otherwise be deprived of legal representation. 

TYC Legal Aid Pro Bono Program Objectives:

• Provision of legal services and support to young people in need of legal aid in various capacities.

• Demystify and promote spread of legal knowledge and information among young people from the grass root level.

• Build networks and linkages with the legal fraternity, other youth led organizations and the state in capacity building pro bono schemes.

• Enhance legal advocacy mechanisms to facilitate legal reforms and formulation of policies guiding in implementation of legal aid services in Kenya.

• Support TYC in fulfilling its mandate through analysis, pursuance and discharge of contractual obligations with partner organizations.

*The program would be divided into  four categories;

Legal Practice

This category focuses on legal advice and legal presentation on criminal and civil matters. TYC in collaboration with young advocates and other youth led organizations would provide legal services to marginalized and disenfranchised youth who require legal services as a result of gross violations of their rights and freedoms.

Special Aid Practice

This category would target young people in communities and in prison on  providing assistance to youths in remand. Subsequently, it would focus on Gender Based Violence and Familial matters to provide legal advice and acts in cases arising from domestic and sexual abuse, conflict parenting arrangements, child support and division of property. 

Youth Community Law Practice

This category focuses on the youth-on-youth approach where young law students under TYC would provide community legal education to fellow youths through weekly legal aid drives in different regions of the county and training of paralegals who are instrumental in providing legal information to educate young people on their rights and legal  procedures.

Digital Advocacy

Under this category, TYC can utilize digital tools to contact, inform, and mobilize people on legal  issues. The purpose of digital advocacy is to galvanize supporters to take action around legal reforms and to disseminate legal information instantaneously and  in a simple and catchy way which many young people may relate with easily.

Some of the most-used digital advocacy tools include websites, blogs, Facebook, Twitter, Youtube channels, TikTok, Instagram, Email, and USSD texts. These tools are widely used among the youth today as they are the most technologically advanced group in Kenya. 

Capacity Building for Social Impact

The Youth Café (TYC) offers specialized legal training courses aimed at equipping lawyers and professionals with the knowledge needed to support the growing social innovation sector. These sessions would focus on providing essential legal advice to youth-led social enterprises, ensuring compliance with Kenyan law while fostering sustainable growth. The training would address unique legal challenges faced by impact investors and young entrepreneurs, guiding them through complex legal frameworks to overcome obstacles and scale their initiatives. Additionally, TYC would explore innovative funding models, such as social impact bonds and crowd-funding, as key avenues to finance youth-led social justice and entrepreneurial projects, fostering lasting social impact.

Call to Action

We invite young and impressionable members of the legal fraternity to join hands with The Youth Cafe in support of our Kenyan youth who have historically been sidelined in the match to fair and accessible justice. 

TYC seeks to solicit applications to our legal aid pro bono program through the pro bono application form…