This text is designed to expose the Kenyan law on criminal responsibility and to define the common and key offenses created by Kenyan statutes. An attempt has been made to rely mainly on Kenyan case law, but there is a reference to cases from the other East African countries and the rest of the Commonwealth.
The goals of prosecution are to protect the victims while holding perpetrators accountable for their actions and to communicate a strong message to the community that impunity to rule of law win not be tolerated. However, the majority of cases brought before our Kenyan courts have failed to attain fair and impartial convictions. This is attributed to poor prosecutorial efforts displayed by those charged with the privilege of investigating and prosecuting cases. A good number of prosecutors have not demonstrated understanding of the complex requirements of the prosecution laws or the nitty-gritty of prosecutorial work. For this reason, most prosecutors have left judges and magistrates with no option but to acquit a lot of cases that would otherwise have been ruled in favor of the prosecution.
Criminal Prosecution and Essence of Criminal Offences in Kenya imparts a look at the legal and tactful requisites of the work of a prosecutor. From his own experience and that of others, the author outlines valuable and indispensable principles as well as legal necessities that underpin and illustrate successful practices in criminal prosecution. More importantly, he has outlined practical proposals to reform Kenya’s criminal practice and procedure. This book will be a roadmap to criminal justice, and most significantly, it will bring honor and pride to the prosecution profession. It is ideal for legal practitioners, current and prospective prosecutors, investigators, law students, lecturers of law as well as persons interested in the criminal justice system.
Written in a clear, concise, and engaging style this book presents the entire criminal process in a simple, yet authoritative and informative way. The core principles that underpin the criminal procedure, their rationale, and assumptions are well articulated and critiqued. In addition, the book presents by way of illustration a comprehensive range of the latest local judicial decisions. The author’s triple heritage as a defense lawyer, state prosecutor, and university lecturer makes the book stand out as well-informed and balanced work. More importantly, the author presents some practical proposals for reform of the criminal procedure, informed not in the least by the dictates of our new Constitution.
