Group 56 2017.pdf - LEGAL RESEARCH AND WRITING GROUP...

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0 LEGAL RESEARCH AND WRITING GROUP ASSIGNMENT Too many grammatical mistakes that could have been avoided The write up is heavy on theory but it is well connected to the court visits and what was observed. Overshoot of the word limit. 25/40 GROUP 56 MEMBERS Name Reg. No. Sign. Peter N Tsuma G34/46067/2017 David Muchoki Kiama G34/46477/2017 Edward K. Maina G34/46413/2017 Abuta Paula Nyambeki G34/46389/2017 Formatted: Left Formatted: Left
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1 Tracy Adhiambo Ndire G34/46376/2017 Brian Ochieng Odaro G34/45017/2017 Table of Contents INTRODUCTION ......................................................................................................................... 2 P REVALENT OFFENCES , TYPES OF PLEAS AND LEVELS OF BAIL IN THE COURT ........................ 2 L EVEL OF LEGAL REPRESENTATION .......................................................................................... 4 O BSTACLES REGARDING JUSTICE FOR UNREPRESENTED LITIGANTS IN COMPARISON TO THE PRESENTED ONES ........................................................................................................................ 5 I NTERVENTIONS BY JUDICIAL OFFICERS REGARDING UNREPRESENTED LITIGANTS ................ 7 B AIL AND BOND POLICY ............................................................................................................ 10 General principles ................................................................................................................ 11 REFERENCE: ............................................................................................................................. 13
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2 Introduction Our group visited the Milimani Law Courts in Nairobi County. The purpose of the visit was to highlight the most prevalent offences, types of pleas and levels of bail in the courts, level of legal representation, interventions by judicial officers regarding unrepresented litigants and obstacles regarding justice for those unrepresented litigants in comparison to the represented ones. This gave us an opportunity to understand the working of the court and suggest remedies based our knowledge of the law, policy and administrative measures where appropriate. Prevalent offences, types of pleas and levels of bail in the court On the particular days of our court visit, the criminal offences observed were nearly the same in all the days. Offences are shown in Fig. 1. There were two murder cases, with the accused charged on murder contrary to section 203 as read together with section 204 of the Penal Code cap 63 laws of Kenya 1 . The murder court sessions taking a longer period of time to be heard. This may explain why not many such cases were heard in one day. There was a petty offense, with people being accused of stealing small things like shoplifting. This case was heard and decided faster than the 1 Laws of Kenya, The Penal Code, Chapter 63, Revised Edition 2009 (2008) Commented [fS1]: What is this?
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3 other cases. Following petty offence was robbery case, with people being arraigned in court for stealing which is different from petty theft. This case involved robbery with stealing things of greater value than in petty offence. There was one case of domestic abuse, assault and battery that led to murder and one election petition case. The accused in most of these cases pleaded ‘not guilty’ as charged. All those that pleaded not guilty had a legal representation, the most probable reason for taking the ‘not guilty’ plea. Most of these cases were adjourned to another hearing date to enable gathering of evidence to present before the judge. Bails were also granted to the accused in some of the cases we heard. A bail is a right under the Constitution of Kenya. Bail ensures that the accused will attend court proceedings 0 1 2 3 Murder Petty offenses Robbery Election petition Fig. 1 Offences at the court
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