Group 52 (2017) Marked-2.pdf

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Commented [fS7]: Really? Commented [fS8]: Who were these and how have their views been captured?
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11 (i) Ensure legal representation for the accused. The judge should stop court proceedings and compel the relevant body to provide legal representation for the accused persons. It is a clear violation of their constitutional right especially given that most of these accused persons have very little knowledge of the law. It is therefore paramount that the judge takes all the necessary steps to ensure that the rights of the accused persons are protected at any given time and one of the ways in which they can do this is to ensure that their cases do not proceed until the relevant bodies provide them with an advocate. The sole reason why the accused persons are not legally represented is because they cannot afford to hire the services of a lawyer. (ii) Poor investigations and witness coordination from the prosecutor and the investigating officer (who is a police officer) was also prevalent. This is an area that can be improved through proper training of these officials. This will go a long way in ensuring that justice is served. (iii) The courts should also be equipped with sound systems. The audibility in the court rooms is very poor. It is possible for either side or even the judge to miss out on very key points because of audibility. A recommendation that the judiciary invests on sound systems for every court room is key. (iv) In some cases, the court rooms were overcrowded. This is in part due to the size of the court room. It was recommended that there be limitation or control of Court room access. The group is however, conscious of the fact that court hearings are supposed to be public and that there could be so many interested parties in a single matter. (v) Justice delayed is justice denied, so goes the old saying. It was observed that some cases had been running since 2012. The group recommend that the judiciary takes all Commented [fS9]: Did the group bother to find out whether or not there is legal framework for state funded legal representation? Secondly how would courts compel private or non profit organizations to take up cases without legal challenges?
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12 appropriate measures to ensure that cases do not last longer than 1 year before they are concluded. The above recommendations will go a long way in ensuring that the judiciary improves service delivery to the people who give them authority. Generally, the court process is satisfactory and can be relied upon.
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13 Bibliography The Constitution of Kenya, 2010 The Judiciary, Bail and Bond Policy Guidelines (National Council on the Administration of Justice, March 2015) C. R. Kothari, Research Methodology: Methods and Techniques The Penal Code (Revised Edition, 2014) Narcotic Drugs and Psychotropic Substances (control) act (Revised, 2012)
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i Appendices Figure 4.1 Figure 4.2 Major Offences Cases Assault Stealing Trafficking Narcotic Drugs Other Minor Offences Cases Drunk and Disorderly Disorderly Conduct Selling Alcohol without a valid licence Other
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