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A Kenyan LGBTQ+ rights organization has adopted a virtual legal aid platform that allows its lawyers to offer free services to queer people remotely.
The Center for Minority Rights and Strategic Litigation, which unveiled the online LGBTQ+ Legal Aid Clinic platform, attributes the move to lessons learned from the COVID-19 pandemic, including the wide use of online meetings.
“The LGBTQ+ Online Legal Aid Clinic is, we believe, the first of its kind in Kenya providing pro bono legal advice services directly to the LGBTQ community,” CMRSL states.
The online legal aid clinic connecting CMRSL advocates and queer people via Zoom, Google and other virtual platforms is an extension of the organization’s physical legal aid clinic launched in 2020 to consolidate the volunteer lawyers’ free legal services it has been offering since 2007.
The organization recognizes the Canadian government’s financial support in setting up the two legal aid clinics.
Michael Kioko, a CMRSL advocate, told the Washington Blade the organization first thought about adopting an online legal aid clinic for the queer community during the COVID-19 period during which officials limited movement to combat the virus.
“We noted that we could reach people far across the country like Kakuma Refugee Camp where we have attended to LGBTQ refugees and also realized that we could work with more volunteer advocates across the nation,” Kioko said.
The organization has about 20 volunteer advocates who are trained on LGBTQ+ issues in order to be sensitive to queer clients.
Both the CMRSL’s physical and online legal aid clinics have offered services to more than 1,000 queer clients since 2020. Kioko noted CMRSL receives more than 40 cases a month through the online platform.
“The cases we receive include house evictions from homophobic discrimination as the most common, especially in Mombasa and Lamu, physical assault, and verbal abuse,” Kioko stated.
Other cases CMRSL advocates handle for the queer community are name changes for transgender women, child custody cases for bisexual women, disputes between lesbian or bisexual partners and work to ensure a witness to a queer person’s assault stands with them until the perpetrator is convicted.
“We are also handling criminal defense cases where LGBTQ persons have been charged in court and they are two for transgender women (one case in Lamu was acquitted), we have four cases for four gay men (two cases have been withdrawn), and under civil cases in the children’s court we have four cases by bisexual women,” Kioko said.
The LGBTQ+ rights organization also has filed two petitions in the Court of Appeal that challenged the country’s anti-homosexuality laws.
“We are also planning to set up a legal desk by this year to deal with cases that require long-term commitment,” Kioko said.
The organization has been conducting public forums to enlighten the LGBTQ+ community on accessing justice through free legal help through its physical and virtual clinics.
CMRSL, however, demands any LGBTQ+ person seeking its services by filling a legal aid form not to be under 18-years-old. It takes at least three days for the lawyer to have a virtual consultation with a potential client and, if necessary, would then refer them to a nearby legal clinic for physical assistance.
The organization also limits its legal assistance to individual matters that include criminal, family, employment, blackmail, assault and discrimination cases based on sexual and gender identity or expression.
“We will not provide advice to businesses or in respect of business dealings unless the advice sought is on an issue that arises out of one’s SOGIE,” states CMRSL.
CMRSL also does not offer legal advice on financial matters, such as investment, sale or purchase of property or other assets unless the help sought is on an issue that relates to one’s LGBTQ+ identity.
Kioko noted that adopting the online legal aid clinic has been impactful in helping CMRSL handle many issues almost at once and asked the LGBTQ+ community to embrace the virtual platform.
“The platform is more flexible and convenient both for the advocate and the client,” he said. “It is also more private and safe for the client compared to the physical legal clinic which has some privacy risks like homophobic stigma.”
CMRSL under its values and strict data protection policy assures its LGBTQ+ clients of treating all information submitted or collected with utmost confidentiality.
Kioko noted that the lack of smartphones to access the internet and sometimes network connection for LGBTQ+ people in remote areas remains a big challenge for some queer persons to use the virtual legal clinic. Lawyers and queer people can consult with CMRSL via phone calls when their clients don’t have smartphones.
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