than the normal 24-hour
period;
g) Confessions made by a
person under police
detention without the
presence of a lawyer
should not be admissible
against the person;
Suspects were often
convicted following the use
of confessions extracted
under torture with little or
no judicial recourse, despite
both constitutional and
legal prohibitions on the
use of torture and the nonadmissibility of evidence
obtained under torture;
Section 25A of the Evidence Act was amended in
2003 to the effect that confessions were only
admissible if made before a court.
Non-governmental sources: Section 25A
of the Evidence Act was amended in 2007,
to provide for the sharing of the power
between the court and the police in
obtaining confessions. Rules concerning
safeguards are to be made by the Attorney
General who has not yet acted in that
regard.
h) Legal aid should be
available to anyone held
in police custody or on
remand who has not the
means to secure legal
assistance, with lawyers
being given immediate
access to their clients.
The Law Society should
consider establishing an
appropriate scheme in
cooperation with the
Government;
The SR found that legal aid
was virtually unavailable
for the overwhelming
majority of suspects held
by the police, because most
suspects could not afford
legal assistance and only
those charged with capital
offences were entitled to
legal aid. At the time of the
SR's visit, Kenyan Bar
Association did not provide
legal aid services.
A National Legal Aid Scheme was pending
before Parliament.
Non-governmental sources: Due to the
extremely high costs of legal aid, it
remains unavailable to the majority of the
population.
A/HRC/13/39/Add.6
101
The right of lawyers to
have immediate and
unhindered access to
detainees was not clearly
provided for in the law, but
could be partly based on
Chapter V of the
Constitution. In practice
however, lawyers were
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