This booklet seeks to provide Kenyans with information about their rights in criminal proceedings.
The rights in this manual are premised on the provisions of the Bill of Rights in the Kenyan Constitution and related legislation.
It is our hope that this information will enable Kenyans to exercise their rights and will promote the respect of the rights highlighted in this manual. In summary, the booklet highlights various issues which includes;
Criminal Proceedings- A criminal proceeding is a public dispute. In such a proceeding, the State prosecutes a person for committing a crime on behalf of the public. A criminal proceeding is different from a civil proceeding because civil proceedings generally involve disputes between two private individuals, one of whom is seeking compensation from the other.
When you are arrested, criminal proceedings begin. The process continues until you are found innocent or guilty of a crime. If you are found guilty, the proceedings may continue if you decide to appeal the decision.
The rights of an arrested person and procedure for arrest
Reason for Arrest, Identification of the Arresting Person, Right to be Treated in a Humane Way, Touching or Confining of the Arrested Person, Use of Force In Carrying Out an Arrest, Right to Remain Silent, Right to Be Held Separately, Right to be Brought to Court As Soon As Reasonably Possible
Who has the power to arrest?
Citizen, Law Enforcement Officer, the Chief, Magistrates and Order of a Court.
Other covered topics include:
Procedure at the police station
Tips if you are being arrested and brought to the police station
Procedure in court
Trial process and much more
Note that the Kiswahili translation (Kijitabu cha habari kuhusu haki za mfungwa katika maswala ya jinai) is from page 33 of this book; Click here to read more http://kituochasheria.or.ke/gallery/publications/english-publications/
Kituo Team, We Care for Justice.