Group 53 (2017) Marked-2.pdf

Group 53 (2017) Marked-2.pdf - UNIVERSITY OF NAIROBI...

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UNIVERSITY OF NAIROBI PARKLANDS SCHOOL OF LAW BACHELOR OF LAWS - LLB GPR 100: Legal Research and Writing INSTRUCTORS: Mrs Florence Jaoko, Ms Edna Odhiambo, Ms Mary Ongore Court Visit Group Assignment Group 53 Module II Evening Well done! Well written and presented 32/40 MEMBERS NAME: REG NO SIGNATURE OPICHO IAN KASAWA G34/45705/2017 ALFRED MURITHI MUGAMBI G34/45779/2017 WAMBUI CHARITY WAMUYU G34/46451/2017 ELIZABETH WAMBUI KIMANI G34/46372/2017 LEONARD MICAH MOCHOGE G34/46109/2017 HELLEN WAITHIRA G34/46068/2017 KELVIN KALOKI G34/45798/2017 SAID MADIHA FOFEEK G34/45925/2017
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1 Table of Contents Table of Contents .......................................................................................................................................... 1 Introduction ................................................................................................................................................... 2 Prevalent Offences .................................................................................................................................... 3 Levels of Bail ............................................................................................................................................ 3 Judicial officer Interventions on cases in unrepresented cases ..................................................................... 5 Obstacles to Justice ....................................................................................................................................... 6 Recommendations and Conclusions ............................................................................................................. 7 BIBLIOGRAPHY ......................................................................................................................................... 9 Deleted: 6 Deleted: 8 Deleted: 10
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2 Introduction Article 159 of the Constitution of Kenya 2010 states that judicial authority is derived from the people and vests and shall be exercised by the courts and tribunals established by the Constitution. The article further elaborates on the guiding principles for the courts and tribunals which include: justice shall be done to all irrespective of status, justice shall not be delayed, promotion of alternative forms of dispute resolution, delivery of justice without undue regard for procedural technicalities and protection of the purposes and principles of the Constitution. 1 The Court system in Kenya ranges from the Supreme Court being the superior court of the country, the Court of Appeal, the High Court and similar ranking quasi-judicial tribunals and the subordinate courts made up of the Magistrate courts, Kadhi’s court and the Court martial. Our group set out to visit a number of courts in the month of May 2017 in order to understand how court proceedings are instituted and the delivery of justice in the Kenyan judiciary. The group did not make reference to the sentencing guidelines published by Gazette notice No. 2970 because we did not witness any sentencing proceedings however reference was made to the Bail and Bond policy guidelines for the Judiciary of Kenya in assessing the awards of bond and bail. The court visits were carried out in Milimani and Kibera law courts. At Milimani law courts, the group witnessed proceedings at court rooms 3, 4, and 7 presided over by honourable Wakiaga J, Mutuku J and Cheruiyot K respectively. The Kibera law courts 3 and 7 were presided over by honourable B. Ojoo and E. Boke respectively. The group managed to secure an interview with honourable Wakiaga who explained the various challenges witnessed in the administration of justice and this has formed the basis of our recommendations. Type of Pleas The pleadings entered by the accused in all the plea hearings were ‘not guilty’. We however noted that rather than require the accused to enter a plea of guilty or not guilty, the court clerk asked whether the charge read was true or false. In our view, the words guilty or not guilty are not 1 The Constitution of Kenya, 2010
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