e of the CoK 2010 that provide for a non derrogable right to have a trial begin

E of the cok 2010 that provide for a non derrogable

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(e) of the CoK 2010, that provide for a non -derrogable right to have a trial begin and conclude without unreasonable. Furthermore, the CoK 2010, under Articles 21, 22 and 23 has made specific provisions for implementation and enforcement all right contained in the Bill of Rights, which demonstrates the importance and weight attached to this right. This study analyses the judicial interpretation of the right to fair trial by focusing on the right to have a trial to begin and conclude within reasonable time. It aims at providing an understanding of the meaning of the right to have a trial begin and conclude without unreasonable delay by interrogating judicial interpretation of the right, effect of delay on a case and the remedies of such delays. It will also analyze the challenges that the Kenyan courts face in interpreting the right to have a trial begin and conclude within reasonable. The study‘s findings and recommendations seek to provide a basis for practical and workable proposals that will enhance efficiency in the justice sector. 1.2 Statement of Problem The right to fair trial is a fundamental right that is protected by law against limitation or derogation. Since criminal proceedings are likely to lead to imprisonment, the trial process must be fair and just to ensure that only the guilty are convicted and punished. One of the key 20 Ibid
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8 safeguards on the right to a fair trial is the requirement that trials are conducted without unreasonable delays. The Kenyan judiciary has recognised the importance of ensuring that criminal trials are conducted without unreasonable delays by introducing measures which are aimed at reducing case backlogs. These measures include hiring of additional judges and magistrates, introducing measures to ensure for accountability of judicial officers, introduction of the ‗judicial week‘ concept where only criminal cases are prioritised and heard during that period; among others. It is in this context that this study analyses the judicial interpretation of the right to fair trial without unreasonable delay. It interrogates the meaning and interpretation of the term ‗unreasonable delay‘ as used in Article 50 (2) (e) of the CoK 2010 with a view to giving effect to this right. This study also considers the challenges of determining what is ‗reasonable time‘ within which a case must be concluded and crafting an appropriate remedy for violation. 1.3 Justification of the Study As already discussed, the right to fair trial is a vast concept that varies from one jurisdiction to another. In Kenya, the right to fair trial is one of the fundamental rights and freedoms recognised in the Bill of Rights under Article 50 of the CoK 2010 and which, under Article 25, cannot be limited or derogated from. Therefore, its full realisation will go a long way in promoting the aspirations of Kenyans of a timely, efficient and effective dispute resolution. Delay of cases directly affects justice and in some instances renders trials unfair. I order to promote its
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  • Fall '16
  • loisa dela cruz
  • Law

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