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6 Records out of 22207 Records

Author: Ouma, Jack Busalile Mwimali

Awarding University: University of Birmingham, England

Level : PhD

Year: 2013

Holding Libraries: ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; Institute of Commonwealth Studies Library ;

Subject Terms: Criminal justice ; Trials ; Constitutions ; Criminal law ; Judicial process ;

Abstract:

This thesis explores issues concerning the conceptualisation and operationalisation of the right to a fair trial in the Kenyan criminal justice system. In particular, it looks at how and why there have been many difficulties with the implementation of this universal set of values that have been recognised since the adoption of the formal legal system in Kenya, and which have been enshrined in the Constitution since independence. It addresses a number of overarching questions. First, it identifies the factors that hindered the full realisation of the right to a fair trial. Secondly, it enquires into whether the shortcomings of the recently repealed Constitution in that regard have been fully addressed by the new Constitution adopted in 2010. Thirdly, it identifies and analyse the impact of factors outside the formal law which may have affected the practical operation of certain core elements of the right to a fair trial. Finally, in light of the above, it explores a number of approaches that might be used to address these other factors so as to help achieve at least a better, enforcement of fair trial rights in the country.

Author: Kinyanjui, S.M

Awarding University: University of Leicester, England

Level : PhD

Year: 2008

Holding Libraries: ;

Subject Terms: Law/Criminal law/Juvenile justice/Juvenile delinquency ;

Abstract:

ABSTRACT NOT AVAILABLE

Author: Nyaoga, Mohammed

Awarding University: University of Nairobi, Kenya

Level : LLM

Year: 2004

Holding Libraries: University of Nairobi Jomo Kenyatta Memorial Library ;

Subject Terms: Criminal law ;

Abstract:

ABSTRACT NOT AVAILABLE

Author: Mutakha, John Kangu

Awarding University: University of South Africa

Level : LLM

Year: 1995

Holding Libraries: University Microfilms International ;

Subject Terms: Criminal law ;

Abstract:

The issue of the use of the concept of nolle prosequi by the Kenya Office of the Attorney General to terminate criminal proceedings commenced by either the Attorney General or private prosecutors has in the recent past became controversial. As the controversy rages on, a detailed study of the use of the concept and the effect such use has on fundamental human rights in both Kenya and South Africa has become imperative. This is achieved by setting the concept in its English common law historical background. It is revealed by the study that there has been a gross abuse of the concept in Kenya with resultant violation of fundamental human rights. This abuse seems to be encouraged by the reluctance of the courts to assume supervisory jurisdiction over the exercise of the Attorney General's discretionary powers. Through a detailed reference to the approach adopted by the English and Australian courts, it is submitted that the abuse of the concept can be checked and/or avoided if the Kenya and South African courts play their dutiful role.