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Private Prosecutions in Kenya

In: African Journal of Legal Studies
Author:
Jamil Ddamulira Mujuzi Faculty of Law, University of the Western Cape Cape Town South Africa

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Online Publication Date:
11 Jun 2018
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Abstract

In Kenya private prosecutions are governed by different laws. These are the Criminal Procedure Code, the Office of the Director of Public Prosecutions Act, the Constitution and case law developed by courts. The purpose of this article is to demonstrate how courts have invoked these laws to deal with the following issues that relate to private prosecutions: the right to institute a private prosecution, locus standi to institute a private prosecution, and measures in place to prevent or minimise the abuse of private prosecutions. The author recommends ways through which Kenyan legislation could be amended to strengthen the private prosecutions regime.

Title:
Private Prosecutions in Kenya
Article Type:
Research Article
DOI:
https://doi.org/10.1163/17087384-12340027
Language:
English
Pages:
33–70
Keywords:
private prosecutions; Kenya; locus standi; right to institute; Director of Public Prosecutions (DPP); victim of crime; withdraw; magistrate
In:
African Journal of Legal Studies
In:
Volume 11: Issue 1
Publisher:
Brill | Nijhoff
E-ISSN:
1708-7384
Print ISSN:
2210-9730
Subjects:
International Law: General Interest, International Law

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