Group 59 l(2017)Marked-2.pdf

Group 59 l(2017)Marked-2.pdf - SCHOOL OF LAW COURSE UNIT...

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SCHOOL OF LAW COURSE UNIT: LEGAL RESEARCH AND WRITING COURSE CODE: GPR 100 GROUP 59 ASSIGNMENT 1 ST YEAR, 1 ST SEMESTER, EVENING CLASS COURT VISIT ASSIGNMENT REPORT BY Lengthy theoretical discussions, some of which is not relevant nor related to the observations. 21/40 NAME REGISTRATION NO: SIGN MICHAEL KARANI GICHOGA G34/46920/2017 BRAVIN MULAMA MURUNGA G34/46399/2017 Formatted: Left
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2 A report submitted to the department of commercial law for consideration by Dr. Agnes Meroka, Senior Advisor to Kenyans for Access to Justice in partial fulfilment of the legal research and writing course. 5 th June, 2017. TABLE OF CONTENTS INTRODUCTION ..................................................................................................................... 3 PREVALENT OFFENCES OBSERVED ................................................................................. 3 Milimani Law Courts ............................................................................................................. 3 Kibera Law courts .................................................................................................................. 3 TYPES OF PLEAS OBSERVED .............................................................................................. 4 LEVELS OF BAIL IN THE COURTS VISITED ..................................................................... 4 LEVEL OF LEGAL REPRESENTATION ............................................................................... 5 INTERVENTIONS BY JUDICIAL OFFICERS REGARDING UNREPRESENTED LITIGANTS ............................................................................................................................... 5 PROVISIONS ON BAIL AND BOND IN KENYA ................................................................. 6 The Constitution of Kenya 2010 Provisions .......................................................................... 6 Bail and Bond Policy Guidelines Provisions ......................................................................... 6 Criminal Procedure Code (CPC) ............................................................................................ 8 Sentencing Policy ................................................................................................................... 8 Children’s Act, 2001 .............................................................................................................. 9 Prevention of Terrorism Act, 2012 ...................................................................................... 10 RECOMMENDATIONS ......................................................................................................... 10 CONLUSION .......................................................................................................................... 10 BIBLIOGRAPHY .................................................................................................................... 11 ANNEX I ................................................................................................................................. 12 Deleted: 3 Deleted: 10 Deleted: 11 Deleted: 12 Deleted: 13
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3 INTRODUCTION This report provides a detailed assessment and analysis of the observations made at Milimani Law Courts and Kibera Law Courts regarding the prevalent offences, types of pleas, levels of bail, level of legal representation, application of various constitutional and statutory provisions and suitable remedies for various obstacles encountered in process of pursuit for justice in the courts. It is submitted at the department of commercial law, university of Nairobi, for consideration by Dr. Agnes Meroka. There is a detailed discussion on legal representation outlining the interventions of judicial officers during court proceedings on behalf of unrepresented litigants and how they were disadvantaged over the represented litigants in those particular courts. We also looked at the bail and bond policy and sentencing policy, how they were applied in issuing of bail, in the sentencing of the accused in the courts visited and if they were in accordance with the legal provisions of the constitution. PREVALENT OFFENCES OBSERVED Milimani Law Courts At Milimani law courts, the prevalent offences observed were theft and party primary elections illegularities appeals. The theft cases observed involved crimes such as “snatch and run” on the Nairobi city streets as well as robbery crimes. The party primaries illegulaty appeals were also noted to be prevalent since most of the court visits done were during the period immediately following the party primaries. Most of the appeals made belonged to the ODM party members seeking justice after the election misconduct.
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