The trial process in kenya plea criminal procedure in south africa. Criminal procedure is intended to assist the court in the trial of suspects. Kenya, and analysis of relevant literature, it argues that the icc intervention in kenya, despites it numerous problems and challenges, contributed to conflict prevention in the country. Trial at place where act done or where consequence of offence ensued. Power of the high court to inquire into and try offences. Published by the national council for law reporting.
Criminal procedure gives one process and procedures of accessing the courts. The various steps in the criminal process are as follows. Performance measures for the criminal justice system vii. An audit understanding pretrial detention in respect to case.
May 15, 2015 investigations and the trial procedure in uganda 2 1. New institutions with an impact on the criminal process such as the national police service, the office of the director of public prosecutions, and. Director of the kenya school of laws since the year 2014. You must be treated as innocent until the contrary is proved beyond reasonable doubt by the prosecution. The kenyan judicial system is one of an adversarial system. In civil cases the individual suing prosecutes the case and caters for the cost of prosecution unlike in criminal cases where the state is the prosecuting party. Criminal cases, are cases in which the state is the main complainant. The international criminal court investigation in kenya or the situation in the republic of kenya is an ongoing investigation by the international criminal court icc into the responsibility for the 20072008 postelection violence in kenya. Criminal law and criminal procedure kenya law research.
The findings and recommendations contained in the report of the technical. The criminal justice system is busy, with many millions of. Kenya has been slow and irregular in following the reporting procedures related to the. The criminal trial process this guide to the trial process will give you a taste of what is involved in hearing a criminal case in the nsw district court. Judicial service commission investigations and the trial process in uganda paper presented to the kisoro inmates by akatukunda joel kakuru1 state attorney kisoro a criminal trial cannot be successful unless there is a successful investigation. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Performance measures for the criminal justice system ix that is effective, efficient, and fair challenges us to think anew, examine, debate, and continuously measure and. The criminal litigation process in kenya criminal cases are cases between the state and an individual, with the state prosecuting the case and the accused person defending himself. Accused person to be sent to district where offence committed. This guide uses a hypothetical to guide you through the process for a criminal offence which is often heard in the district. Practice of high court in its criminal jurisdiction. The international criminal court icc is a permanent international tribunal created for the prosecution of crimes against humanity, genocide, and war crimes. The continuing challenges facing the criminal justice system raises questions about the adequacy of the formal regulatory system.
Project muse essentials of criminal procedure in kenya. Justice is neither to be denied nor delayed means that, order for a person to achieve justice in any country, proper laws and procedures are very important in achieving fair and proper justice to a person. In addition, you will find definitions of frequently used. Provisions relating to all criminal investigations place of trial section 66. Criminal procedure wex us law lii legal information.
He is also a staunch panafricanist who has delivered several powerful speeches alluding patrick loch otieno lumumba born 17 july 1962 is a kenyan who served as the director of kenya anti. The purposes of criminal law it is easy to think of criminal law as an instrument of oppression or at least of repression, a matter of the might of the state pitted against the meagre resources of the offender. Nov 17, 2017 criminal cases, are cases in which the state is the main complainant. Such offences can include robbery with violence, assault, murder and rape. That is the process of the application of penal laws. The core principles that underpin the criminal procedure, their rationale and assumptions are well articulated and critiqued. International criminal court investigation in kenya wikipedia.
The law on criminal procedure in kenya has tremendously changed after the constitution of kenya of 2010. The court process the trial a jury usually is selected on the first day of trial in a process. Be it enacted by parliament in the twentyfourth year of the republic of india as follows. Ebbe state university of new york at brockport this country report is one of many prepared for the world factbook of criminal justice systems under grant no. The handbook for civil and criminal trials craig lee montz. The international criminal court and conflict prevention.
The trial process in kenya plea criminal procedure in. This is the trial process which relies on the law of evidence. Some of the colonial criminal laws were unacceptable to the kenyan people, such as the bigamy law, laws against stealing cattle, which. Pretrial decision points 3 working as a public defender, matts story 5 plea bargaining 140 the trial 141 the deliberation room, alans story 145 chapter 9 punishment and sentencing 151 philosophies of punishment 151 retribution 151. The 20072008 kenyan crisis followed the presidential election that was held on 27 december 2007. This is a system where the court or the magistrate has a passive role of listening to what both parties hold and finally make a. It aims to teach any interested individual on how criminals are arrested, arraigned in court and sentenced. The process starts by way of a complaint done through the police process. Criminal procedure in kenya simplified february 22, 2017 the criminal procedure is the process through which penal and criminal law are applied. Justice sector and the rule of law open society foundations. The criminal procedure helps the court determine the guilt of the accused. Process and timelines for civil litigation in kenya civil suits are court cases between two or more individuals, private entities or public entities that are privately prosecuted. The police arrest someone based on probable cause that they have committed a criminal offense. The manual simplifies court procedures to facilitate effective and efficient.
Rights initiative, giz kenya, international development law organization idlo, united nations development program undp, judiciary performance improvement project jpip, and national council for administration of justice ncaj, for their financial and technical support. Lady justice grace ngenye, to examine all aspects of criminal justice reform. This publication is available as a pdf on the open society foundations. The constitution lays the foundation upon which criminal procedure is premised. Ebook procedures in criminal law in kenya as pdf download. Icj kenya hosted the 2018 annual criminal justice conference on july 2018 under the theme, multi sectoral approach to criminal justice reforms. Sarah kinyanjui for her immense contribution to the criminal justice. After britain declared kenya a crown colony, the colonial parliament passed laws that in effect, formed the basis of the criminal laws in kenya.
Trial of offences under penal code and under other laws. The by legal resources foundation kenya human rights commission call number. Introduction the rome statute established the international criminal court icc to prosecute people who commit international crimes. New institutions with an impact on the criminal process such as the national police service, the office of the director of public prosecutions, and the supreme court were created. Essentials of criminal procedure in kenya by patrick o. Most trials in kenya are conducted by the subordinate courts. Below is a list of sections and parts of the kenya criminal procedure code. Criminal law and criminal procedure kenya law research guide. At the pre trial conference, the defense attorney discusses the case with the prosecuting attorney and often may include the judge in this process. It aims to teach any interested individual on how criminals are. Basic criminal process steps in the criminal process. Handbook pacific islands legal information institute.
Part 1 part ii part iii arrangement of sections part 1 preliminary 1. An act to consolidate and amend the law relating to criminal procedure. Criminal justice systems in kenya unm school of law. A handbook on criminal procedure in kenya by patrick l. World factbook of criminal justice systems kenya by obi n. The prosecutorial process in the kenya cases, the experts found, was hampered by.
It is therefore upon the state to prove their case against the accused person, beyond reasonable doubt. This article briefly provides the procedure followed by the kenyan judiciary in criminal cases. You will be quizzed on the parties involved in a criminal trial and. An eloquent lawyer, he holds a phd in laws of the sea from the university of ghent in belgium. Find a stepbystep breakdown of the main stages of civil litigation in kenya. This is a good opportunity to speak with the prosecution in order to obtain the best possible deal, or pleabargain. Court proceedings can be very complex, and vary from case to case.
Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Trial at place where act done or where consequence of offence ensues. The role and function of prosecution in criminal justice by. Process and timelines for civil litigation in kenya. Written in a clear, concise and engaging style this book presents the entire criminal process in a simple, yet authoritative and informative way. They simply provide reports and evidence to the prosecuting attorney, who then decides whether or not charges should be filed, and if so, what charges. Criminal justice systems in africa tend to work slowly and are encumbered with bureaucratic procedures that impede the eff ective delivery of justice. International criminal court investigation in kenya. Kenya o resource oriented development initiatives national council on the administration of justice criminal justice system in kenya.