Lecture 9-Criminal justice system

Is a legal process adapted by a civilized society in the prevention and solution of crimes
which is carried on through investigation and the persons suspected thereof is taken into legal
custody, prosecuted in a court of law, and punished if found guilty, or acquitted if found
innocent, provision being made for his/her correction and rehabilitation

Kenya, like any other country that function under a system of a democratic society, operates
its criminal justice system apparatus whereby society identifies, investigates, accuses, tries
convicts, punishes, and rehabilitation criminal offenders.

In the Kenya the criminal justice line-agencies is composed of, the Police, Prosecution,
Court, Correctional Institutions and the Community. One way of understanding the Criminal
Justice is to view it as a process that takes criminal offender through a series of the decision
points beginning with the arrest and concluding with the reentry into society.

Police/Law Enforcement
Specifically, the first stage in the criminal justice process pertains police or Law enforcement
activities which are carried on through INVESTIGATION of crimes that are reported to or
discovered by the police or Law enforcers.
 Police Investigation- The initial contact with the criminal justice system takes place as a
result of a police actions. Example. A police assigned on patrol observed a person
actually committing a crime, or contacted by a victim who reports a crime, the police
respond by going to the scene of the crime to investigate. The purpose of the investigatory
stage is to gather sufficient evidence to identify the suspect and support a legal arrest. The
process of investigation includes but not limited to:
1. Surveillance and observation of suspects
2. Taking of photographs surreptitiously or otherwise,
3. Interview of persons with personal knowledge of facts
4. Entrapment suspects ( with consent of the court) when feasible
5. Search of premises or persons and seizures of objects, subject to constitutional
and statutory safeguards
6. Examination of public and other available records pertaining to persons involved
in crimes
 7. Arrest-The arrest power of the police involved the taking of a person into custody
in accordance with lawful order and holding the person to answer for a violation
of the criminal law. Custody The moment after an arrest is made , the detained
suspect is considered under police custody and is now restricted of his freedom of
movement. The police may wish to search the suspect for weapon or contraband.
8. Charging-If the arresting officer or his superior believe that sufficient evidence
exists the person is charge with specific crime for which he had been arrested.
NOTE: In every stage of these processes, the police is mandated by law to
appraise the person or suspect of his constitutional rights, otherwise the failure
(intentional or unintentional) of the police will be held criminally liable for
noncompliance thereof.
9. Referral- After the formal investigation has been completed the police has to
referred the investigation repiort to the prosecutors office, including the evidences
(Physical or documentary proof) and the suspect if he is in custody.
10. Court Appearance/Duty The police (investigator or arresting officer) when
summon by the court must appear in court to stand as witness for the prosecution.
Prosecution

The prosecution arm of the government is generally vested in the department of justice under
the direction, supervision and control of the secretary of justice where the interest of the
government is in issue. The prosecution service is made up of the Director of Public
Prosecutions, The Regional Prosecutors, The Provincial Prosecutors, The City/Municipal
Prosecutors, and such others Prosecutorial offices as may be establish by law.

Roles of the prosecution

Evaluate, screen and review the police investigation report referred to them or other
complaint filed directly with them by individual persons (e.g. private citizens who are victims
or have personal knowledge of crime, government officers in charge with the enforcement of
the law violated.)
File the Case/Complaint in the proper court of law on the basis of the evaluation of the proof
(evidence at hand). They then prosecute the alleged offender in the court of law. That is, if
the element of the crime alleged to have been committed is present. It is the prosecutor task
of bringing the offender to the court through criminal proceedings.
Public Attorney-The 2010 Kenya Constitution state in part, “in all criminal prosecution, the
accused shall enjoy the rights to have assistance of counsel.” Everyone rich or poor, is
entitled to be defended by a Public Defense attorney when charges are brought against him or
her, that is, if the individual cannot afford to pay or hire a private defense counsel, the states
must provide one free of charge. As soon as a person is arrested he or she needs a defense
attorney. If such a need does not immediately come to mind, the police routinely remind the
suspect that, “you have the right to Attorney.” And, the role of the defense attorney begins
almost as soon as the arrest occurs, for the accused needs the assistance of counsel to make
sure that the interrogation and other pretrial procedures are conducted in a constitutional
manner. The defense counsel may even conduct his own investigation independently to assert
the defense of the accused.
Function of the Public Attorney- To provide free legal assistance and services to indigent
members of society. Objectives Humanitarian and democratization of justice. Activities 1. to
render legal assistance, advice and counseling to indigents; 2. to render legal documentation
services to indigents; 3. to extend mediation services to indigents; 4. to represent indigents or
immediate members of their families in all civil and criminal cases, including administrative
and labor cases; and 5. to assist or represent indigents detention prisoners upon request.
Court Process

Are the judicial tribunals upon which the judicial power of the government is vested in one
Supreme Court and such other courts that may be established by law. The Supreme Court is
the highest court of the land. It is a review court of last resort, for no appeal lies its judgments
and final orders. It exercise appellate jurisdiction over cases decided by the Court of Appeals
or Magistrate Courts. As a rule only question of law may be raised in appeal to it.

Judicially, the power of the courts are:

1. To settle actual controversies involving rights which legally demandable and
enforceable, and
2. To determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentally of the
government.
3. The power to try and decide or hear and determine a cause. To try and hear simply
means to receive evidence from the parties (including their arguments according to
fixed of rules).
4. To decide or to determine means to resolve the dispute by applying the law to the
facts (established by evidence).
Correctional Institutions

The fourth stage in the Criminal Justice process refers to the penal or correctional process
which primarily involved in the custody and safe-keeping of convicts criminal offenders.

Hence, when the court find the accused guilty (as charged) beyond reasonable doubt, it
sentence him with the corresponding penalty. And, if the penalty becomes final and
executory, the offender is passed on the Correctional Institutions.

Further, as a form of punishment, the isolation of the convicts by imprisonment for the period
laid down by the courts, or in extreme cases, their execution by the method prescribed by
law, including correction and rehabilitation, are functions undertaken by the institution, set up
by the law; that is, the Bureau of Corrections, The Parole and Probation Administration

Community

The fifth stage in the criminal justice process refers to the participation of the community at
large in the detection and prevention of all form of criminal activities. In particular, members
of the community having knowledge of facts relevant to the investigation and prosecution of
crimes, are expected to cooperate with the law enforcers and investigators, by reporting
crimes and giving of evidence against the offenders. The community (law-abiding citizens) is
a potent source of information as regards to crimes and criminals.