Essentials of Criminal Procedure in Kenya
278 Pages
English
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Essentials of Criminal Procedure in Kenya

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Gain access to the library to view online
Learn more
278 Pages
English

Description

Written in a clear, concise and engaging style this book presents the entire criminal process in a simple, yet authoritative and informative way. The core principles that underpin the criminal procedure, their rationale and assumptions are well articulated and critiqued. In addition the book presents by way of illustration a comprehensive range of the latest local judicial decisions.

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Published 29 December 2010
Reads 0
EAN13 9789966031983
Language English
Document size 2 MB

Legal information: rental price per page 0.0066€. This information is given for information only in accordance with current legislation.

Exrait

ESSENTIALSOFCRIMINAL PROCEDUREINKENYA
ESSENTIALSOFCRIMINAL PROCEDUREINKENYA
Patrick Kiage
Published by:
LawAfrica Publishing (K) Ltd. rd Top Plaza, 3 Floor Kindaruma Road, (Off Ngong Road) P.O. Box 4260-00100 GPO Nairobi, Kenya Wireless: +254 20 249 5067 Cell: +254 708 898 189 Fax: +254 20 249 5067
LawAfrica Publishing (U) Ltd Office Suite, No. 2 Plot 10A Jinja Road (Opposite NEMA House) P.O. Box 6198 Kampala, Uganda Phone: +256 41 255808 Fax: +256 41 347743
LawAfrica Publishing (T) Ltd th Co-Architecture Building, 7 Floor India/Makunganya Street P.O. Box 38564 Dar-es-Salaam,Tanzania Phone: +255 22 2120804/5 Fax: +255 22 2120811 Email: sales@lawafrica.com Website: www.lawafrica.com © Reprint 2013 © Reprint 2012 © Patrick Kiage 2010; LawAfrica ISBN 9966-1511-1-7
Copyright subsists in this work. No part of this work may be reproduced or transmitted in any form or means, or stored in a retrieval system of any nature without the prior publisher’s written permission.Any unauthorized reproduction of this work will constitute a copyright infringement and render the doer liable under both criminal and civil law. Application for permission for use of copyright material including permission to reproduce extracts in other published works shall be made to the publishers. Full acknowledgement of the author, publisher and source must be given. Whilst every effort has been made to ensure that the information published in this work is accurate, the author, the editors, publishers and printers take no responsibility for any loss or damage suffered by any person as a result of reliance upon the information contained herein.
Foreword Preface Dedication Acknowledgement Table of Statutes Table of Cases
TABLEOFCONTENTS
Chapter One: Nature of Criminal Proceedings 1.1 Introduction 1.2 Players in Criminal Proceeding
Chapter Two: Criminal Courts 2.1 The Judiciary 2.2 The Court of Appeal 2.3 The High Court 2.4 Subordinate Courts
Chapter Three: Searches 3.1 Searches with a Warrant 3.2 Professional Privilege 3.3 Can a Search Warrant be used more than once? 3.4 Searches without a warrant
Chapter Four: Arrests 4.1 General provisions relating to Arrests a) Arrest without a Warrant b) Arrest with a Warrant 4.2 Validity of Warrants 4.3 Irregularities and Defects in a Warrant 4.4 Can a Warrant of Arrest be used more than once? 4.5 Miscellaneous Provisions regarding Process 4.6 Rights of Arrested Persons 4.7 Constitutional issues raised by Arrests
xi xiii xv xvii xxix xxxv
1 2
10 13 15 20
23 27 29 30
33 35 38 39 41 41 42 42 44
v
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Essentials of Criminal Procedure in Kenya
Chapter Five: Prosecution 5.1 Legal Basis of Public Prosecutions 5.2 Decision to Prosecute 5.3 Challenging Prosecutions 5.4 Role of Prosecutor 5.5Nolle Prosequi 5.6 Private Prosecutions
Chapter Six: Charges and Informations 6.1 Institution of Criminal Proceedings 6.2 The Charge Sheet 6.3 Joinder of Counts 6.4 Joinder of Persons 6.5 Rules for the Framing of Charges 6.6 Duplicity 6.7 Overloaded Charges 6.8 Defective Charges 6.9 Amendment of Charges 6.10 Quashing Charges or Informations
Patrick Kiage
Chapter Seven: Pleas 7.1 Taking a Plea 7.2 Possible Pleas 7.3 Recording Pleas 7.4 Procedure in recording a Plea of Guilty 7.5 Plea of Guilty in the Absence of the Accused 7.6 Procedure on the Plea of Not Guilty 7.7 Refusal to take a Plea 7.8 Pleas of Several Accused 7.9 Pleas to Several Charges against an Accused 7.10 General Provisions relating to the Plea ofAutrefois AcquitandAutrefois Convict 7.11 Plea ofAutrefois Acquit 7.12 Plea ofAutrefois Convict 7.13 Procedure in case of Previous Conviction 7.14 Objection to Jurisdiction
51 52 55 59 63 66
71 72 72 74 75 78 80 84 85 87
89 89 89 90 97 98 98 99 100
100 101 102 102 103
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Table of Contents
7.15 Change of Plea 7.16 Retraction of Pleas 7.17 Plea Bargaining 7.18 Recording of Plea Agreement by Court 7.19 Rejection of Plea Agreements 7.20 Withdrawal of Pleas 7.21 Finality of Judgment
Chapter Eight: Bail 8.1 Definition 8.2 The Object of Bail 8.3 Bail as a Constitutional Right 8.4 The Nature of Bail 8.5 Bailable and Non-Bailable Offences 8.6 Classification of Bail 8.7 Sureties and Discharge of Sureties 8.8 Discharge of Sureties 8.9 Forfeiture of Recognizance 8.10 Bail pending Appeal 8.11 Anticipatory Bail 8.12 Conditions that may be imposed by Court 8.13 Rationalization of Bail
Chapter Nine: The Trial Process 9.1 Appearance of Parties 9.2 Adjournments 9.3 Case for the Prosecution 9.4 Mode of Taking and Recording Evidence 9.5 Close of Prosecution Case 9.6 Case for the Defence 9.7 Competence and Compulsion of Witnesses 9.8 Issue of Commission for Examination of Witnesses 9.9 Swearing and Affirmation 9.10 Affirmations 9.11 Examination 9.12 Difficult Witnesses
vii
104 105 105 107 108 109 109
111 111 111 117 118 121 127 128 129 129 132 133 134
137 138 141 142 144 145 147 148 149 149 149 152
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Essentials of Criminal Procedure in Kenya
9.13 Penalty for Non-Attendance of Witnesses 9.14 Special Witnesses 9.15 Witness Protection 9.16 Trial of Children 9.17 Transfer of Cases 9.18 Principles governing a Fair Trial
Chapter Ten: Judgment and Sentencing 10.1 Judgment 10.2 Convictions for Offences other than those Charged 10.3 Sentencing 10.4 Mitigating Circumstances 10.5 Victim Impact Statements 10.6 Committal to Higher Court for Sentencing 10.7 Motion in Arrest of Judgment 10.8 Reservation of Questions 10.9 Factors to be considered before Sentencing 10.10Types of Sentences
Chapter Eleven: Appeals and Revisions 11.1 Appeals 11.1.1 Appeals from Subordinate Courts 11.1.2 Number of Judges on Appeal 11.1.3 Time of Appeal 11.1.4 Petition of Appeal 11.1.5 Summary Disposal of Appeals 11.1.6 Powers of the High Court 11.1.7 Power to take further Evidence 11.2 Retrial 11.2.1 Abatement of Appeals 11.2.2 Second Appeals 11.2.3 Bail pending Appeal 11.2.4 Appeals from the High Court 11.3 Revision 11.3.1 Powers of the High Court on Revision 11.3.2 Number of Judges on Revision
Patrick Kiage
154 154 158 158 160 161
173 175 177 181 181 183 183 184 184 185
193 194 195 196 196 197 198 199 200 201 201 203 204 205 206 207
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Table of Contents
11.3.3 High Court Order to be certified to Lower Court 11.4 The Failure of Justice Test
Chapter Twelve: Inquests
Chapter Thirteen: Habeas Corpus
Chapter Fourteen: Special Processes 14.1 Sexual Offences 14.2 International Criminal Justice 14.3 Anti Corruption and Economic Crimes
Index
207 208
209
213
215 216 216
219
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