Tharaka Nithi granny, 84, seeks free legal services over land case with son

A sickly 84-year-old granny from Kathigiri in Chuka town, Tharaka Nithi County, wants the government to provide her with free legal service in a land case with his first-born son.

Speaking to journalists at her home on Tuesday, Ms Mary Ciambaka, said the appeal case is set to start on January 31, 2023 at the Environment and Lands Court in Chuka town, and that she has no money to hire a private lawyer.

She said she had sold all her property including trees on the land where she has lived for 18 years in order to pay for legal services when the case was in the magistrate’s court. 

She said she successfully won the case and the court directed her son, Alex Kinyua to keep off the land but he appealed the ruling and that she is worried she might lose it because she cannot argue for herself in court.

“I am pleading with the government or any well-wisher to help me hire a lawyer because I am not able to argue in court and I fear I may lose the land and be thrown out to the streets,” said Ms Ciambaka.

She said she expected her son, a retired police officer to ‘surrender’ after losing the case in the lower court but he proceeded to appeal.

Sick

Ciambaka said she is suffering from hypertension and diabetes and that she is unable to work to earn money to pay for legal services.

“I usually don’t like bothering people with my problems but I am currently exhausted financially and I am very weak to work because of advanced age and sickness,” she said.

Mr Kirimi Muturi, a lawyer, who is also the Law Society of Kenya Tharaka Nithi County chapter chairman told the Nation the state could provide free legal services to the granny if it will be clearly established that she is extremely poor to afford to pay a private lawyer.

He said it is a constitutional right for every Kenyan to have a lawyer for justice and the government has a responsibility of providing one if the person cannot afford to pay a private lawyer.

“The granny should approach the court through the administrator and if the court will clearly establish that she is a pauper, she will enjoy pro bono legal services,” said Mr Muturi.

Pro-bono is a free legal service and lawyers and legal bodies do, on occasion, give such services in the interest of justice or for philanthropic reasons.

Many Kenyans avoid seeking justice in courts because of inability to pay a private lawyer due to poverty.