Kenya - Revision history

Ibjadmin at 11:25, 4 November 2016

2016-11-04T11:25:15Z

← Older revision		Revision as of 13:25, 4 November 2016
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	==Type of System==		==Type of System==

	Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The highest court, the Court of Appeal, tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over by High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases involving murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location; these courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals.<ref>http://www.~~nyulawglobal~~.~~org~~/~~globalex~~/~~Kenya~~</ref>		Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The highest court, the Court of Appeal, tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over by High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases involving murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location; these courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals.<ref>http://www.judiciary.go.ke/portal/page/subordinate-courts</ref>

IBJadmin at 08:01, 4 April 2013

2013-04-04T08:01:15Z

← Older revision		Revision as of 10:01, 4 April 2013
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			{{Languages\|Kenya}}


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Saviles: /* Pre-Trial Phase */

2011-05-31T07:51:40Z

Pre-Trial Phase

← Older revision		Revision as of 09:51, 31 May 2011
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	'''Detention:''' All those held in detention are guaranteed the fundamental rights awarded in the Kenyan Bill of Rights.<ref>Constitution, Art. 51</ref> Kenyan law exercises two mechanisms in order to reduce pre-trial detention: the granting of bail and the requirement that a defendant be released immediately if he is not charged within the legal time limit. A defendant must be informed of the reason for the detention or be released by their first court appearance.<ref>Constitution, Art. 49</ref> All defendants accused of non-serious crimes must be released on bail if it is not possible to bring them before a court within twenty-four hours of their arrest.<ref>Crim. P. Code 36</ref>		'''Detention:''' All those held in detention are guaranteed the fundamental rights awarded in the Kenyan Bill of Rights.<ref>Constitution, Art. 51</ref> Kenyan law exercises two mechanisms in order to reduce pre-trial detention: the granting of bail and the requirement that a defendant be released immediately if he is not charged within the legal time limit. A defendant must be informed of the reason for the detention or be released by their first court appearance.<ref>Constitution, Art. 49</ref> All defendants accused of non-serious crimes must be released on bail if it is not possible to bring them before a court within twenty-four hours of their arrest.<ref>Crim. P. Code 36</ref>

	'''Confessions:''' Confessions that are voluntarily made are admissible as evidence in court. A defendant has the right to remain silent<ref>Constitution, Art. 49</ref> and no defendant should be forced to make a confession that may be used as evidence.<ref>Constitution, Art. 49(1)(d)</ref> All defendants must be informed of their right to remain silent in a language that they understand.<ref>Id.</ref> Therefore, confessions may be inadmissible if the defendant was not notified of their right to silence, if the confession was obtained under torture, or if the confession was not made to an officer of sufficient rank.		'''Confessions:''' Confessions that are voluntarily made are admissible as evidence in court. A defendant has the right to remain silent<ref>Constitution, Art. 49</ref> and no defendant should be forced to make a confession that may be used as evidence.<ref>Constitution, Art. 49(1)(d)</ref> All defendants must be informed of their right to remain silent in a language that they understand.<ref>Constitution, Art. 49(1)(d)</ref> Therefore, confessions may be inadmissible if the defendant was not notified of their right to silence, if the confession was obtained under torture, or if the confession was not made to an officer of sufficient rank.

	'''Right to Counsel:''' A suspect must be informed of his right to counsel and be given the opportunity to communicate with an individual who may provide assistance or advocacy.<ref>Constitution, Art. 49(c)</ref>		'''Right to Counsel:''' A suspect must be informed of his right to counsel and be given the opportunity to communicate with an individual who may provide assistance or advocacy.<ref>Constitution, Art. 49(c)</ref>

	==Court Procedures==		==Court Procedures==

Saviles: /* Background */

2011-05-31T07:50:26Z

Background

← Older revision		Revision as of 09:50, 31 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref>		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref>

	Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion.<ref>Id.</ref>		Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref>

	==Type of System==		==Type of System==

Saviles at 07:48, 31 May 2011

2011-05-31T07:48:50Z

← Older revision		Revision as of 09:48, 31 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>Id.</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>Id.</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>Id.</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>Id.</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964.<ref>Id.</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Id.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Id.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Id.</ref>		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref>

	Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion.<ref>Id.</ref>		Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion.<ref>Id.</ref>
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	==Court Procedures==		==Court Procedures==

	The Constitution guarantees the right to a fair trial.<ref>Constitution, Art. 50</ref> Furthermore, all people have the right to be presumed innocent, to be informed of the charges brought against them, to have adequate resources to defend themselves, to have a public trial, to have a speedy trial, to be present at the trial, and to be informed of their right to counsel.<ref>Id.</ref> The Constitution also allows for the defendant to have access to evidence held by the prosecution, the rights to challenge the evidence, to refuse giving self incriminating evidence, to have an interpreter, and to appeal the decision.<ref>Id.</ref> The defendant has the additional right to confront witnesses and has access to evidence held by the prosecution. Both the Constitution and the Criminal Procedure Code protect defendants from double jeopardy.<ref>Constitution, Art. 50(2)(o); Crim. P. Code 138-142</ref>		The Constitution guarantees the right to a fair trial.<ref>Constitution, Art. 50</ref> Furthermore, all people have the right to be presumed innocent, to be informed of the charges brought against them, to have adequate resources to defend themselves, to have a public trial, to have a speedy trial, to be present at the trial, and to be informed of their right to counsel.<ref>Constitution, Art. 50</ref> The Constitution also allows for the defendant to have access to evidence held by the prosecution, the rights to challenge the evidence, to refuse giving self incriminating evidence, to have an interpreter, and to appeal the decision.<ref>Constitution, Art. 50</ref> The defendant has the additional right to confront witnesses and has access to evidence held by the prosecution. Both the Constitution and the Criminal Procedure Code protect defendants from double jeopardy.<ref>Constitution, Art. 50(2)(o); Crim. P. Code 138-142</ref>

	According to the principles of the International Covenant on Civil and Political Rights, all individuals must have a fair, public trial that is presided over by an independent judiciary. The Constitution further ensures that all judges have high moral character, integrity, and impartiality.<ref>Constitution, Art. 166(2)(c)</ref>		According to the principles of the International Covenant on Civil and Political Rights, all individuals must have a fair, public trial that is presided over by an independent judiciary. The Constitution further ensures that all judges have high moral character, integrity, and impartiality.<ref>Constitution, Art. 166(2)(c)</ref>

Saviles at 11:57, 30 May 2011

2011-05-30T11:57:45Z

← Older revision		Revision as of 13:57, 30 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>Id.</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>Id.</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>Id.</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>Id.</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>Id.</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Id.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Id.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Id.</ref>		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>Id.</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>Id.</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>Id.</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>Id.</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964.<ref>Id.</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Id.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Id.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Id.</ref>

	Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili. <ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>Id.</ref>		Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion.<ref>Id.</ref>

	==Type of System==		==Type of System==

	Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The highest court, the Court of Appeal, tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over by High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases involving murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location; these courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals. <ref>http://www.nyulawglobal.org/globalex/Kenya</ref>		Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The highest court, the Court of Appeal, tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over by High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases involving murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location; these courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals.<ref>http://www.nyulawglobal.org/globalex/Kenya</ref>


Line 51:		Line 51:
	The Constitution guarantees the right to a fair trial.<ref>Constitution, Art. 50</ref> Furthermore, all people have the right to be presumed innocent, to be informed of the charges brought against them, to have adequate resources to defend themselves, to have a public trial, to have a speedy trial, to be present at the trial, and to be informed of their right to counsel.<ref>Id.</ref> The Constitution also allows for the defendant to have access to evidence held by the prosecution, the rights to challenge the evidence, to refuse giving self incriminating evidence, to have an interpreter, and to appeal the decision.<ref>Id.</ref> The defendant has the additional right to confront witnesses and has access to evidence held by the prosecution. Both the Constitution and the Criminal Procedure Code protect defendants from double jeopardy.<ref>Constitution, Art. 50(2)(o); Crim. P. Code 138-142</ref>		The Constitution guarantees the right to a fair trial.<ref>Constitution, Art. 50</ref> Furthermore, all people have the right to be presumed innocent, to be informed of the charges brought against them, to have adequate resources to defend themselves, to have a public trial, to have a speedy trial, to be present at the trial, and to be informed of their right to counsel.<ref>Id.</ref> The Constitution also allows for the defendant to have access to evidence held by the prosecution, the rights to challenge the evidence, to refuse giving self incriminating evidence, to have an interpreter, and to appeal the decision.<ref>Id.</ref> The defendant has the additional right to confront witnesses and has access to evidence held by the prosecution. Both the Constitution and the Criminal Procedure Code protect defendants from double jeopardy.<ref>Constitution, Art. 50(2)(o); Crim. P. Code 138-142</ref>

	According to the principles of the International Covenant on Civil and Political Rights, all individuals must have a fair, public trial that is presided over by an independent judiciary. ~~Therefore, the~~ Constitution further ensures that all judges have high moral character, integrity, and impartiality.<ref>Constitution, Art. 166(2)(c)</ref>		According to the principles of the International Covenant on Civil and Political Rights, all individuals must have a fair, public trial that is presided over by an independent judiciary. The Constitution further ensures that all judges have high moral character, integrity, and impartiality.<ref>Constitution, Art. 166(2)(c)</ref>

	Before a sentence is passed down, the defendant has the right to present the court with evidence of mitigating factors that may lead to a lesser sentence. Additionally, the Criminal Procedure Code allows for victim impact sentences to be made.<ref>Crim. P. Code 329</ref>		Before a sentence is passed down, the defendant has the right to present the court with evidence of mitigating factors that may lead to a lesser sentence. Additionally, the Criminal Procedure Code allows for victim impact sentences to be made.<ref>Crim. P. Code 329</ref>

Saviles: /* Background */

2011-05-30T11:47:05Z

Background

← Older revision		Revision as of 13:47, 30 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by ~~the first~~ European explorers in 1498.<ref>Id.</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>Id.</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>Id.</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>Id.</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>Id.</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Id.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Id.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Id.</ref>		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Dep't., available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by European explorers in 1498.<ref>Id.</ref> In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920.<ref>Id.</ref> From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule.<ref>Id.</ref> This uprising among the Kikuyu people marked the beginning of greater African participation in politics.<ref>Id.</ref> On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>Id.</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party.<ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections.<ref>Id.</ref> In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud.<ref>Id.</ref> About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government.<ref>Id.</ref>

	Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili. <ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African <ref>Id.</ref>. 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>Id.</ref>


			Kenya is located on the mid-eastern coast of Africa, bordered by the Indian Ocean, Tanzania, Uganda, Sudan, Ethiopia, and Somalia. The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili. <ref>Central Intelligence Agency, The World Factbook: Kenya. (May 17, 2011) https://www.cia.gov/library/publications/the-world-factbook/geos/ke.html.</ref> 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African.<ref>Id.</ref> 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>Id.</ref>

	==Type of System==		==Type of System==

Saviles at 11:44, 30 May 2011

2011-05-30T11:44:27Z

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Saviles at 08:10, 30 May 2011

2011-05-30T08:10:50Z

← Older revision		Revision as of 10:10, 30 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Department, available at www.state.govr/pa/ei/bgn</ref> ~~Around the first century,~~ Arab traders initially colonized present day Kenya, but ~~where~~ displaced by the first ~~Europeans~~ explorers in 1498 (US State Department). In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920 (US State Department). From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising (US State Department). ~~The~~ uprising ~~against British rule took place~~ among the Kikuyu people ~~and~~ marked the beginning of greater African participation in politics (US State Department). On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>US State Department, available at www.state.gov/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections (World Factbook). In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud (World Factbook). ~~Around~~ 1,500 Kenyans were killed ~~and~~ UN talks eventually organized a power sharing government (World Factbook). The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili (World Factbook). 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African (World Factbook). 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref>		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Department, available at www.state.govr/pa/ei/bgn</ref> Arab traders initially colonized present day Kenya around the first century AD, but were displaced by the first European explorers in 1498 (US State Department). In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920 (US State Department). From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising against British rule (US State Department). This uprising among the Kikuyu people marked the beginning of greater African participation in politics (US State Department). On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>US State Department, available at www.state.gov/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections (World Factbook). In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud (World Factbook). About 1,500 Kenyans were killed during this period of upheaval until UN talks eventually organized a power sharing government (World Factbook).

			The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili (World Factbook). 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African (World Factbook). 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref>



	==Type of ~~system~~==		==Type of System==



	Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook). The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The Court of Appeal ~~is the highest court and~~ tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases of murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location ~~and the~~ courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals. <ref>http://www.nyulawglobal.org/globalex/Kenya</ref>		Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook). The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The highest court, the Court of Appeal, tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over by High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases involving murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location; these courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals. <ref>http://www.nyulawglobal.org/globalex/Kenya</ref>

	==Source of ~~defendants’ rights~~==		==Source of Defendants’ Rights==

	The Kenyan Constitution guarantees defendants certain rights. ~~For example, the Constitution guarantees~~ the right to a fair trial, the right to counsel, freedom from torture, cruel, or degrading treatment, the right to freedom, and the presumption of innocence.		The Kenyan Constitution guarantees defendants certain rights. Some of these rights include: the right to a fair trial, the right to counsel, freedom from torture, cruel, or degrading treatment, the right to freedom, and the presumption of innocence.



	==Pre-~~trial phase~~==		==Pre-Trial Phase==

	Article 29(a) of the Constitution states that all individuals have the right to freedom and security and may not be arbitrarily deprived of their freedom. All arrests must be made with a warrant that conforms to Kenyan legal standards. Section 29 of the Kenyan Criminal Procedure Code outlines circumstances in which a police officer may make an arrest without a warrant. Article 29(c) of the Constitution forbids the use of violence in making arrests. The Criminal Procedure Code ~~states that~~ only the amount of restraint necessary to prevent escape ~~is allowed~~ during an arrest. An arrest may be challenged~~, therefore, if these regulations are violated~~. Section 108 of the Criminal Procedure Code states that all individuals who are arrested must be brought before a court promptly.		Article 29(a) of the Constitution states that all individuals have the right to freedom and security and may not be arbitrarily deprived of their freedom. All arrests must be made with a warrant that conforms to Kenyan legal standards. Section 29 of the Kenyan Criminal Procedure Code outlines circumstances in which a police officer may make an arrest without a warrant. Article 29(c) of the Constitution forbids the use of violence in making arrests. The Criminal Procedure Code permits only the amount of restraint necessary to prevent escape during an arrest. If these regulations are violated an arrest may be challenged. Section 108 of the Criminal Procedure Code states that all individuals who are arrested must be brought before a court promptly.

	Article 51 of the Constitution states that all those held in detention are guaranteed the fundamental rights awarded in the Kenyan Bill of Rights. Kenyan law exercises two mechanisms in order to reduce pre-trial detention: the granting of bail and the requirement that a defendant be released immediately if he is not charged within the legal time limit. Article 49 of the Constitution states that a defendant must be informed of the reason for the detention or be released by their first court appearance. Section 36 of the Criminal Procedure Code provides that all defendants accused of non-serious crimes must be released on bail if it is not possible to bring them before a court within twenty-four hours of their arrest.		Article 51 of the Constitution states that all those held in detention are guaranteed the fundamental rights awarded in the Kenyan Bill of Rights. Kenyan law exercises two mechanisms in order to reduce pre-trial detention: the granting of bail and the requirement that a defendant be released immediately if he is not charged within the legal time limit. Article 49 of the Constitution states that a defendant must be informed of the reason for the detention or be released by their first court appearance. Section 36 of the Criminal Procedure Code provides that all defendants accused of non-serious crimes must be released on bail if it is not possible to bring them before a court within twenty-four hours of their arrest.

Aellis at 09:03, 27 May 2011

2011-05-27T09:03:19Z

← Older revision		Revision as of 11:03, 27 May 2011
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	Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago (US State Department, available at www.state.govr/pa/ei/bgn). Around the first century, Arab traders initially colonized present day Kenya, but where displaced by the first Europeans explorers in 1498 (US State Department). In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920 (US State Department). From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising (US State Department). The uprising against British rule took place among the Kikuyu people and marked the beginning of greater African participation in politics (US State Department). On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964 (US State Department, available at www.state.gov/pa/ei/bgn). From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook). Moi only ceded the presidency in 2002 when the country saw its first free and fair elections (World Factbook). In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud (World Factbook). Around 1,500 Kenyans were killed and UN talks eventually organized a power sharing government (World Factbook). The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili (World Factbook). 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African (World Factbook). 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook).		Fossils found in Kenya reveal that early humans may have originated in the area as many as 20 million years ago.<ref>US State Department, available at www.state.govr/pa/ei/bgn</ref> Around the first century, Arab traders initially colonized present day Kenya, but where displaced by the first Europeans explorers in 1498 (US State Department). In 1895, Kenya was included in Britain’s East African Protectorate and eventually became a British colony in 1920 (US State Department). From 1952-1959, Kenya was placed under a state of emergency due to the Mau Mau uprising (US State Department). The uprising against British rule took place among the Kikuyu people and marked the beginning of greater African participation in politics (US State Department). On December 12, 1963 Kenya became an independent state and joined the British Commonwealth in 1964. <ref>US State Department, available at www.state.gov/pa/ei/bgn</ref> From 1969-1982, Kenya was a one-party state under the leadership of President Moi and the African National Union party. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref> Moi only ceded the presidency in 2002 when the country saw its first free and fair elections (World Factbook). In 2007, Kenya experienced two months of political violence sparked by allegations of electoral fraud (World Factbook). Around 1,500 Kenyans were killed and UN talks eventually organized a power sharing government (World Factbook). The capitol of Kenya is Nairobi and the official languages of the country are English and Kiswahili (World Factbook). 22% of the population is of the Kikuyu tribe, 14% is Luhya, 13% is Luo, 12% is Kalenjin, 11% is Kamba, 6% is Kisii, 6% is Meru, 15% are from other African tribes, and 1% are non-African (World Factbook). 45% of the population identifies as Protestant, 33% as Roman Catholic, 10% as Muslim, 10% have indigenous beliefs, and 2% adhere to some other form of religion. <ref>CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook</ref>


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	Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook). The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The Court of Appeal is the highest court and tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases of murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location and the courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals (http://www.nyulawglobal.org/globalex/Kenya)		Elements of Kenyan law are based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law (CIA World Factbook, available at www.cia.gov/library/publications/the-world-factbook). The courts of Kenya are: the Court of Appeal, the High Court, and the Subordinate Courts. The Court of Appeal is the highest court and tries both civil and criminal cases. The Court is presided over by the Judges of Appeal who are directly appointed by the president. The High Court is presided over High Court Judges who are also appointed by the president. The High Court has unlimited jurisdiction in civil cases, but only tries criminal cases of murder and treason. The Subordinate Courts’ jurisdiction is determined by geographical and regional location and the courts are presided over by magistrates. The Subordinate Courts are comprised of Kahdi’s Courts, the Children’s Court, Tribunals, the Industrial Court, and Rent Tribunals. <ref>http://www.nyulawglobal.org/globalex/Kenya</ref>

	==Source of defendants’ rights==		==Source of defendants’ rights==
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			==References==

			<references/>
	-----		-----
	See [[Criminal Justice Systems Around the World]]		See [[Criminal Justice Systems Around the World]]