Nakuru Legal Aid Centre NLAC

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Nakuru Legal Aid Centre NLAC Established in 2019, the Nakuru Legal Aid Centre (NLAC) aims to bridge gaps in access to legal aid for vulnerable and marginalized residents of Nakuru County.

It serves as a model institution committed to providing and facilitating essential legal aid.

05/06/2025

Identification parades in Kenya
Identification parade is a procedure that entails presentation of individuals of similar characteristics before a witness to establish whether they can identify suspects/perpetrators.
The conduct of identification parades must adhere to:
• Chapter 46, paragraph 6 of the police force standing orders (PFSO)
• The Police Act
Principles:
i. The parade must be carried out with fairness and privacy (confirmation done in a secured vantage point with the witness required to touch the suspect).
ii. Must have record of:
• The officer’s fair conduct and neutrality
• The comments of the accused person during the process
• Identification circumstances
iii. Officer must desist from hinting that the suspect is present in the parade.
iv. Accused person must be asked whether he found the process satisfactory.
v. Witness must physically touch the identified person.
vi. If witness asks to see the suspect walk, speak, wear cap or remove cap, then the entire parade must do so.
vii. All persons not authorized to be part of the parade must be excluded.
viii. Communication between witnesses is strictly forbidden.
ix. Suspect may choose and shift position after each witness.
x. The accused must be placed with at least 8 other individuals of similar characteristics.
xi. Witnesses must not see the suspect before the identification parade.
xii. Investigating officer must not be part of the team conducting the identification parade.
xiii. Accused must be told why the identification parade is being conducted and can have a friend of advocate present.

22/05/2025

Why does processing of death gratuity take long?
i. Inability to trace next of kin
Upon demise of a teacher, communication should be made to the last station the deceased teacher taught. Where teachers were teaching away from their home county or where the head-teachers cannot trace active phone number and contact addresses of the dependants, this will often cause delays in processing of death gratuity.
ii. Succession disputes
• Where courts orders emanating from the succession court are served upon the commission.
iii. Filing the wrong declaration
• Dependant has supplied incorrect information. For example, filling in conflicting date of marriage or erroneous bank account numbers.
• Where dependants fill a widow/widower or when a spouse fills a guardian declaration form, this error will cause delay.
iv. Incomplete, missing or wrongly filled documents
What can be done to alleviate delays in payment of death gratuity?
Next of kin/dependants are advised to seek assistance of the human resource departments in sub-county and county offices before submitting forms for processing.
In case the teacher and spouse are deceased, the children should through a written agreement signed by all of them and in the presence of a chief nominate one to represent them.
Where the deceased was polygamous, all wives should fill the declaration forms but if possible they can nominate one to represent.
Everytime there is a change in contact, dependant or next of kin details, teachers are encouraged to fill a new next of kin form.

22/05/2025

DEATH GRATUITY FOR TEACHERS
Who is entitled?
Where a teacher is confirmed in service and serving on permanent and pensionable terms; the dependants and/or spouse of such a teacher who dies while in service are entitled to claim death gratuity. A teacher who retires on medical grounds, public interest or age is eligible for gratuity or pension in accordance with the Pensions Act and the Teachers Service Commission Code of Regulation for Teachers. (Further see part XIII of the Teachers Service Commission Code of Regulation for Teachers for more information).
How long does processing of death gratuity take?
If submission of all necessary documents is done on time, the process should take a maximum of 3 months.
How is it paid?
Normally, this is done in a one-lump of sum to the dependants of the deceased teacher.
How is it calculated?
The amount paid is equal to 2 years’ salary calculated using the teacher’s pay at the time of death.
Who makes payment of death gratuity?
The national treasury through the pensions department. However, processing is done through the TSC who then submits this to the national treasury.

21/05/2025

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Nakuru

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