Group 58 (2017) Marked-2.pdf

9 some state law prosecutors do not seem to have a

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9. Some State Law Prosecutors do not seem to have a list of all the Police Stations, hence making it difficult to link the arrest after commission of a crime to the nearest Police Station 10. Lack of proper preparation of witnesses well prior to court sessions cost Prosecutors many cases. In matters of documentary evidence and expert testimony, it is important that the proper and authenticated documents and the right witnesses are called. Makers of documents and direct witnesses should be called to testify rather than relying on hearsay. 11. Police requested to have continuous training in modern law of evidence to deal with increase in new trends in sophisticated crime, e.g. cybercrime, social media infringements, money laundering, drug trafficking, fraud, among others. 12. There is need for advocates to work closely with the Police and Court staff. The ‘academic rift’ between the two classes of people made advocates appears brash and
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Group 58 Court Visits Report Legal Research May 2017 8 arrogant, sometimes impeding justice due to lack of co-operation and withholding of significant information from the other classes of people. For the Law Society of Kenya (LSK); 13. In the area of litigation, many Advocates have a long way to go in dispensing justice to their clients. Many Advocates chose to postpone case hearings and did not care to let their clients out of remand. When some were asked why, they cited that some of the clients were hard in paying fees and only when they were paid would they let their cases progress. 14. CLE courses especially for seasoned Advocates should be encouraged. It was embarrassing to see some renowned legal names falter with very simple legal rules such as objecting to a maker of a document (e.g. an expert witness while giving testimony) authenticating a copy of a document whose original copies had mysteriously disappeared from a court file. 15. There were very few occasions where advocates or prosecutors raised objection to a matter during litigation. Either some took lightly serious objectionable issues or may not have been clear on whether to object or not. Professionalism should continue. 16. Advocates should cross-examine witnesses with decorum since witnesses are very important in the judicial process. The open disrespect of witnesses by some Advocates makes it hard for witnesses to volunteer to testify in court. 17. It is apparent that Continuous Legal Education should be emphasized through the Law Society of Kenya (LSK), in order to improve service delivery in the judicial system. 18. The Office of Director of Public Prosecutions (ODPP) should re-think totally doing away with Police Prosecutors. Police Prosecutors are well experienced and should be deployed to work hand in hand with State Counsel(s) provided, even if the State Counsel would be rated a grade higher than the Police Prosecutors.
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  • Spring '16
  • Law, Lawyer, prosecutor

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