CAT/C/23/D/127/1999 page 7 Kenya, the asylum-seeker was allegedly ill-treated. The case was not brought before the court until February 1999. Although unable to attend his own court case the plaintiff was nevertheless obliged to pay the legal expenses. 5.4 In light of the State party’s argument that oral testimony presented in court is essential to fully assess a case, counsel points out that the author has on several occasions expressed his willingness to give an oral account before the Ministry of Justice, but he was never granted audience. With reference to all the above, counsel concludes that all available domestic remedies have been exhausted and that the communication should therefore be declared admissible. Additional information submitted by the State party 6.1 By an additional submission dated 29 October 1999, the State party informs the Committee that according to the Immigration Act, an asylum-seeker has right to free legal advice in relation to the administrative proceedings. This right is limited to five hours of a lawyer’s time in relation to the application in the first administrative instance and an additional three hours on administrative appeal. These limits are based on an evaluation of what is needed to ensure proper assistance. It is possible to apply for an extension of such assistance. 6.2 As to the proceedings before the courts, an application for free legal aid is to be made to the County Governor in accordance with the Legal Aid Act No.35 of 13 June 1998. In order to be eligible for legal aid the applicant’s income must not exceed a certain limit; this is normally the case for asylum-seekers, even if they are receiving employment income in addition to the benefits granted by the State. If legal aid is granted, the aid covers counsel’s fees in whole or in part. In addition, the aid covers court fees and other costs related to the proceedings, such as the cost of an interpreter. The State party also notes that those granted free legal aid in court proceedings must themselves pay a part of the total costs, consisting of a moderate fixed basis fee amounting to approximately 45 US dollars, and an additional share of 25 per cent of the total financial cost. However, the State party points out that this amount shall not be paid if the person concerned has an income below a certain threshold. 6.3 The State party states that it does not know whether the author has applied for free legal aid in connection with contemplated court proceedings, but the fact that free legal aid is not granted unconditionally when an applicant brings an administrative appeal before the courts, cannot exempt the author from the requirement to exhaust domestic remedies. Issues and proceedings before the Committee 7.1 Before considering any claims contained in a communication, the Committee must decide whether or not the communication is admissible under article 22 of the Convention. 7.2 The Committee notes that the State party challenges the admissibility of the communication on the grounds that all available and effective domestic remedies have not been exhausted. It further notes that the legality of an administrative act may be challenged in