JUDICIAL ATTACHMENT REPORT.doc

JUDICIAL ATTACHMENT REPORT.doc - UNIVERSITY OF NAIROBI...

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UNIVERSITY OF NAIROBI WAWERU STEVEN NGIGE G34/3251/2016 COURT STATION: KIKUYU LAW COURTS DATES: 9 TH APRIL 2018 – 31 ST MAY 2018 PRESIDING MAGISTRATES: 1. HON. D.N. MUSYOKA 2. HON. G. ONSARIGO DATE OF SUBMISSION: 4 TH JULY 2018 INTRODUCTION I undertook my clinical attachment at Kikuyu Law Courts for a period of eight weeks starting from 9 th of April 2018 to 31 st May 2018. During this period I was under the supervision of Principal Magistrate David Ngalu Musyoka and his colleagues. Kikuyu Law courts is comprised of four courts of similar jurisdiction with only two physical courts. The other two courts sit on
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JUDICIAL ATTACHMENT REPORT Waweru Steven particular days in place of courts 1 and 2. During my attachment at the premise, I was assigned court number one for a period of three weeks, the registry for two weeks and court number two for three weeks. Both courts generally heard criminal cases with one day of the week to sit and listen to civil matters. The registry was also subdivided into two majour parts and I had the chance to work in both civil and criminal registries. The experience was altogether a great learning experience and a very good chance to make up my mind on which side of legal practice I would want to pursue after my schooling. During the entire period I was able to collect the data required, make observations and generate this report of the matters I was able to listen to. QUESTION ONE CRIMINAL CASES From my clinical attachment, I was able to deduce that most cases had issues that were covered by either the Penal Code or the Sexual Offences Act as well as the Criminal Procedure Code. There was a monotony of cases due to the fact that some crimes were rampant. R v Benjamin Kimaru CR 345/2017 Before Hon. D. N. Musyoka (Court 1) The brief facts are that the accused person had been found to be in possession of a Lenovo Laptop belonging to his employer and had been charged with stealing by servant. Type of Proceedings This matter was conducted in open court in the presence of the complainant. It was coming up for hearing and the complainant as well as one other employee were scheduled to testify. Evidence 2 | P a g e
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JUDICIAL ATTACHMENT REPORT Waweru Steven Evidence was tendered by way of oral testimony given by both the complainant and the employee as well as a letter of appointment and a contract of employment. The investigating officer required to give evidence was not present in court. Legal Issues The prosecution sought to prove the element of employment of the accused person by the complainant which is an element required to satisfy the charge of stealing by servant. The other element which is the actual stealing could not come out clearly although the employee testified to having seen the accused person using the laptop within their work premises but did not see him leave with it.
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  • Fall '17
  • Bench, STEVEN NGIGE

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