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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.
This comprehensive handbook on criminal law in Kenya incorporates the most recent decisions of the Court of Appeal and the High Court in all the key areas of criminal procedure. The author elucidates and analyses the basic requirements of procedure, and aspects of criminal law, criminology and penology. He makes uses of comparative, international jurisprudence, citing references to English and American law. The book is divided into twenty-one chapters, organised by topic.
This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.