Kenya

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BACKGROUND

One of the largest countries in the East Africa Law Society, Kenya has a common law criminal justice system inherited from British colonial rulers. Until 1967 local courts applied customary laws, but these practices were eventually outlawed. In 2010, Kenya adopted a new and progressive constitution that provided for increased rights to the accused and the convicted. One provision gave prisoners the right to vote, making Kenya one of the more progressive countries in this regard.

Rule of law continues to be a struggle in Kenya, where the country ranks 14t7h out of 180 countries for corruption.

Kenyan citizens have no right to counsel unless the defendant is charged with the death sentence.

Kenya has ratified the International Covenent on Civil and POlitical Rights.



QUICK FACTS

  • 43.4% of prisoners in Kenya are pre-trial detainees.
  • Prisons in Kenya are currently at 223.3 percent capacity.

KENYA CRIMINAL DEFENSE MANUAL

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