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The law on criminal procedure in Kenya has tremendously changed after the Constitution of Kenya of 2010. 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. Certain rights that were hitherto unavailable were entrenched in the constitution, including the right to bail irrespective of the offence and the right to legal representation. The superior courts have had a busy time in the interpretation of the current law, and groundbreaking jurisprudence has emerged. There is no doubt that the study of criminal procedure has significantly changed. This book covers all important aspects of criminal procedure, taking into consideration the changes brought about by the Constitution of 2010. It fills a void created by the lack of updated texts on the law of criminal procedure. It utilizes simple, easy-to-understand language and makes reference to both local and international case law. This book will prove to be an invaluable companion to students of criminal procedure, legal practitioners, researchers, and the general public.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Kenya. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Kenya. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.