- Page 3 and 4: National Council on the Administrat
- Page 5 and 6: 12 13 14 10 11 15 9 8 7 6 16 17 18
- Page 7: Right to liberty and security of th
- Page 11 and 12: Bail amounts..............………
- Page 13 and 14: Ensuring legal presentation........
- Page 15 and 16: Practices around children....……
- Page 17 and 18: 5.7. Access to sport and religious
- Page 19 and 20: The Prisons....................…
- Page 21 and 22: Chapter 4: Conclusions and Recommen
- Page 23 and 24: IPOA JTF KNCHR LRF LSK MHA NCAJ NPS
- Page 25 and 26: Population Sample Sampling The popu
- Page 27 and 28: Our new Constitutional order demand
- Page 29 and 30: Consultants: Rtd. Lady Justice Mary
- Page 31 and 32: A key finding from the audit study
- Page 33 and 34: Methodology The audit targeted eigh
- Page 35 and 36: It was necessary to categorize offe
- Page 37 and 38: Historical Development of Criminal
- Page 39 and 40: not be remanded in custody for offe
- Page 41 and 42: More safeguards against the abuse o
- Page 43 and 44: prisons has been the practice in Ke
- Page 45 and 46: esearch shows that “there has bee
- Page 47 and 48: on the next normal Court day. 48 Th
- Page 49 and 50: Every child accused of having infri
- Page 51 and 52: other detainees in special cells. 6
- Page 53 and 54: Migrants in Kenya are upon arrest a
- Page 55 and 56: ofthe inmates and guards. Currently
- Page 57 and 58: In some cases, such deprivations am
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even elements of violations of pris
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♦♦ ♦♦ ♦♦ Clear stipulat
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individual has to be released. No i
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Standards of Conditions of Detentio
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well prepared and well served, as w
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is an important factor as all inter
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Moreover, prison records showed tha
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The guidelines were launched on 1 s
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Paralegals also play a great role i
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The Police Service still faces a nu
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esource mobilization and the ring-f
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and transgender prisoners), the Cou
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2.1 Kenya Police Findings In this s
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Voi 200 7.05 100.00 Total 2,835 100
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Murang’a 4,500 3.11 97.24 Makueni
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Immigration offence This is a very
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illegal because it is in a national
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Table 7: Reason for release from po
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and negative values, the duration o
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Maua 19.15 48.88 68.03 13.16 18.8 V
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clear difference between Saturdays
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Table 14: Charges referred from pol
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Makueni 2,918 1,400 48% Nyali 6,760
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Violent Offences 2 4,970 10.96 69.1
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of law enforcement officers rather
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esult in administrative fines, whic
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Improving prosecution There appears
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epresenting cases enrolled in 14 Ma
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Nakuru 6,600 Nakuru 7,900 Nyali 4,0
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Malicious Damage 1,117 2.07 96.91 P
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more serious offences were more lik
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elow shows the composition of guilt
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was imposed in 20% of cases, CSO’
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Duration of cases In 63% of observa
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Durations for incomplete cases Some
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perception that the criminal trial
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Policy and practice Rationalising t
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Children’s Court Register Samplin
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This brings into the question the a
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Offences All observations relating
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is a lower percentage than was obse
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(4) Where a case to which paragraph
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Some 37% of cases did not have an o
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Perhaps it is time for a serious co
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surveyed is represented in the tabl
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Nakuru 280 9.52 95.24 Nyeri 140 4.7
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Figure 3: Tribe or cultural affilia
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Drugs 4 0.14 15.47 Drugs, Possessio
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Duration in Remand Recall that for
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Conclusions on Remand Homes Remand
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Legislative Framework Recidivism Th
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Table 1: Observations in the Crimin
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Increased Sentence 48 0.88 56.69 Li
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• Property offence cases more lik
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• One-year completion rates The d
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Ensuring legal representation The h
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Methodology As indicated above in t
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Nyeri Women (Capital 15 3.10 90.08
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42 12 1.45 87.88 43 6 0.73 88.61 44
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4 14 2.27 76.18 5 9 1.46 77.63 6 7
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Findings: Men on Remand Number of m
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43 25 0.26 89.39 44 84 0.88 90.27 4
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Farmer 370 5.79 36.47 Fisherman 45
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Offences The largest category among
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Conclusion The profile of remand de
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Table 1: Observations drawn from pr
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Male admissions The total number of
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Immigration 2,874 3.68 25.06 Malici
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37 632 2.11 83.48 38 434 1.45 84.93
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50 42 0.46 94.32 51 35 0.38 94.70 5
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Tugen 4 0.02 100 Nandi 2 0.01 100 P
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Offences against Children 0.21 1.38
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Farmer 299 3.81 11.96 Fish Monger 1
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Lawyers and paralegals to investiga
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Courts Martial Courts Martial exerc
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“(5) Despite clauses (1) and (2),
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days thereafter unless the accused
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That there were two observations fr
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out on bond pending appeal. Corpora
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The trial took two months before it
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Case Study 5: Private E Private E w
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Fair trial rights mean private defe
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Thus the offence is not dealt with
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Note there was initially no provisi
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Internal Disciplinary Processes of
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227
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3.1. Conditions of detention at sel
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♦♦ ♦♦ ♦♦ ♦♦ ♦♦
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6. Access to toilets International
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detainees do not stay for very long
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conflict with the law may be remand
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Nairobi Nairobi, Nairobi 2/12/2015
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(2) Where the case of a child appea
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the same offence. For cases in a co
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♦♦ ♦♦ Rules 31-34, and 37 o
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5.5 Adequate food and drinking wate
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♦♦ ♦♦ Rules 49-55 of the Un
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(Nairobi). All children qualifying
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7.4 Discipline The UNSMR require th
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9. Complaints and inspection proced
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Persons deprived of liberty shall b
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Deficiencies in service delivery ar
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17. Serious consideration should be
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♦♦ the level of occupation of t
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CJS AUDIT 2015(CASE FLOW MANAGEMENT
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Makueni 8 0 0 0 6 Marsabit 3 0 0 0
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the prohibition of torture is a sub
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some concern that there was such va
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is, however, more problematic. Some
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case of terrorism offences, the rem
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The available square meter per pers
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The poor conditions of police build
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The UNSMR, in Rule 24(1), states th
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the detainee’s expense and may be
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All the stations confirmed that det
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to apply alternative measures. When
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13. Recommendations As is the case
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19. All police stations should be i
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♦♦ the level of occupation of t
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Kisii 02/09/2015 Kisii Women 27/08/
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The Prisons Table 3 presents the ba
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♦♦ ♦♦ Rule 87(a) of the Uni
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Record keeping The International Co
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during consultations. This is viola
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♦♦ Rules 31-34, 47 and 48 of th
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Langata Women 6.3 17 107.1 97 1.10
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Shimo La Tewa). From Shimo La Tewa
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Compliance with religious dietary r
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Bedding The Persons Deprived of the
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some prisons do have a nurse that i
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From all 26 prisons was it reported
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of prisons reported that body cavit
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♦♦ reduction in stage, or forfe
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Incident register All the prisons r
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that can be accommodated at any one
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practices were reported from Meru a
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Children present a particularly vul
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Voi 150 100 1.5 Langata Women 655 4
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15. Prisoners require a more varied
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335
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Overall Conclusions on Case Flow Ma
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help to further extract children fr
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It is recommended that the followin
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of countries in Africa have set the
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ecords are being typed manually. Ex
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in respect of court holding cells.
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People with disabilities are partic
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Research Assistants Name Allan Odhi
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Problem/ Findings 1. Significant pr
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3. 70% of the cases referred to cou
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Problem/ Findings 1. Magistrate Cou
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Problem/ Findings Desired situation
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3. 47% of pretrial detainees are il
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Problem/ Findings 1. More Children
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3. 15% of children were remanded in
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6 High number of children held in p
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2. High rate of imprisonment leadin
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4. Conditions of detentions are not
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(Footnotes) 1. Article 159 (2)(c) o
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Court the maximum period of remand