THOMAS ALUGHA NDEGWA V. REPUBLIC

RULING OF THE COURT

Background

1. The appellant, THOMAS ALUGA NDEGWA was charged and convicted of the offence of defilement of a girl contrary to section 8(1) read together with sub-section (2) of the Sexual Offences Act, Act No. 3 of 2006. He was sentenced to mandatory life imprisonment by the Chief Magistrates’ Court at Thika. The conviction and sentence was upheld by the High Court at Nairobi. This is a second appeal and during the hearing, the appellant applied for legal representation since he was unrepresented in the two courts below. He urged the court to assign him a lawyer to represent him in this second appeal as he is unable to instruct one due to financial constraints.

2. The issue for determination by this court is whether the appellant is entitled to receive legal aid. The idea of legal aid is guaranteed by the Constitution through two key provisions. Article 48 recognises the right of access to justice for all, it provides:

“The State shall ensure access to justice for all …