Right to self-representation for people with mental disabilities in Kenya's courts [2019] ADRY 5

Abstract

In Kenya, persons with mental disabilities have a different experience from able-bodied people in the criminal justice system. Regrettably, the rules are applied differently when persons with mental disabilities are the accused. In most cases, they are unable to afford lawyers and are forced to represent themselves. That is when their position becomes more challenging and their vulnerability more pronounced. Their right to give evidence will depend on the individual’s form of disability. Article 13 of the Convention on the Rights of Persons with Disabilities provides for the right to legal capacity including the right to file complaints and to represent oneself in court. The aim of this paper is to look at the extent of Kenya’s implementation record of the right to self-representation and make recommendations on the best possible ways of ensuring that persons with mental disabilities are able to represent themselves and fully participate in court proceedings.