HomeLaw Report
Law Report

Victory for Victims of Crime

Law & Society Magazine
By Law & Society Magazine

Kenya’s Supreme Court has ruled that it is permissible for crime victims’ legal representatives to actively participate in the trials of those charged with the crimes. Tania Broughton reports.

The apex court, in considering an appeal by murder accused Joseph Lendrix Waswa, against a High Court and Appeal Court ruling that the victim’s family had a right to participate in his trial, said criminal justice processes should empower victims and their voices should be heard. 

This was not only as witnesses for the prosecution but as rights holders with a valid interest in the proceedings and the outcome of the case.

Waswa is accused of killing student Mitch Kibiti Barasa. 

Counsel for his family asked for leave to actively participate in the proceedings, rather than just observe as a “watching brief”.

The trial judge ruled in their favour. 

She said the Victim Protection Act (VPA) allows for victims to participate, either directly or through a representative.

She ruled that the legal representative could make submissions at the close of the prosecution case – whether there was a case to answer, final submissions about whether he should be put on his defence, and on points of law.

Aggrieved, Waswa appealed, but lost and he then took the matter to the Supreme court, arguing that his constitutional right to a fair trial was being impinged and that the family’s counsel were, in effect, a second prosecutor.

The Director of Public Prosecutions took sides with Barasa’s family submitting that the High Court order was not open-ended, and the right to actively participate could only be exercised upon meeting certain conditions, including making an application to the court which would be determined by the judge, weighing up public interest and the interests of the administration of justice.

Counsel for the family said they, and the victim, also had a right to a fair trial.

The court agreed.

“Although the adversarial criminal trial process is a contest between the State, represented by the DPP, and the accused, represented by defence counsel, and the traditional role of victims is often perceived to be that of a witness for the prosecution, it is without doubt that, flowing from both the constitution and the VPA, a victim too has the right to participate in criminal proceedings,” the court said.

“The participation of victims, though a novel trend in our laws, is in accord with international developments.”

The judges said the rights of an accused could not be considered in isolation without regard to those of the victim and the criminal justice system should cultivate a process that inspires the trust of both sides.

It was up to the trial judge to protect the rights of all parties involved.

The judges issued “guiding principles” to trial judges considering applications for active participation. 

These include:

*The applicant must be a direct victim or his/her legal representative;

*The granting of such rights must not cause any undue delay in the proceedings;

*The presentation must be limited to the “views and concerns” of the victim;

*It must not be prejudicial to the accused;

*Questions may be posed to witnesses that have not already been posed by the prosecutor;

*The judge remains in control over the right to ask questions;

*While the court has a duty to consider the victim’s views and concerns, there is no obligation to follow the victim’s preference for punishment.(Africa Legal’)

Previous article
ADDRESS BY PRESIDENT MUHAMMADU BUHARI ON THE OCCASION OF NIGERIA’S 60TH INDEPENDENCE ANNIVERSARY
Next article
Polish man blasts Buhari: Nigerian court sentencing 13-year old for blasphemy disgraceful, offers to serve term on his behalf
Law & Society Magazine
Law & Society Magazinehttps://lawandsocietymagazine.com

Related Articles

38 COMMENTS

  1. Hello, I do think your website might be having browser compatibility problems.
    When I look at your web site in Safari, it looks fine but when opening in IE, it has
    some overlapping issues. I simply wanted to provide you with a
    quick heads up! Besides that, fantastic website!

    My web blog :: Dylan

  3. You really make it seem so easy with your presentation but I find this topic to be actually something which I think I would never understand. It seems too complicated and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!|

    wejdjdhrj7751.com

  4. You could certainly see your skills within the work you write.
    The sector hopes for more passionate writers such as you who
    aren’t afraid to mention how they believe. At
    all times go after your heart.

    Feel free to surf to my web blog … Randy

  7. Hello there, There’s no doubt that your blog could be
    having browser compatibility problems. When I look at your web site in Safari, it looks
    fine however when opening in I.E., it has some overlapping issues.
    I merely wanted to provide you with a quick heads up!
    Besides that, wonderful site!

    My blog :: Garland

  12. I’m impressed, I must say. Seldom do I encounter a blog that’s
    both educative and amusing, and without a doubt, you’ve hit the nail on the head.
    The issue is something not enough men and women are speaking intelligently
    about. I’m very happy that I stumbled across this in my search for something relating to this.

    Also visit my web blog; Russel

  19. I’m really inspired with your writing abilities as well as with the format
    on your blog. Is this a paid topic or did you modify it yourself?
    Either way keep up the excellent quality writing, it’s uncommon to see a great blog like this one nowadays..

    Here is my blog post – Sheri

  26. You really make it seem so easy with your presentation but I find
    this matter to be actually something that I think I would never understand.

    It seems too complex and info (tinyurl.com) extremely
    broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  27. Great website you have here but I was curious if you knew of any discussion boards that cover the same topics discussed here?
    I’d really like to be a part info of; tinyurl.com,
    group where I can get advice from other experienced
    people that share the same interest. If you have any recommendations, please let
    me know. Thank you!

  30. I’ve heard you can make money off of advertisers. Is it really a significant enough amount to make it worth it? Or does the real benefit in blogging come from the exposure you get? I’m a bellydancer and I dance at private parties and events. How could I use a blog to get more business? I’ve heard about people who have products to sell using blogs, but I don’t have a “product”, just me!.

    https://twitter.com/katekdesigns/status/1286766104061325313

  32. Hello there I am so thrilled I found your weblog, I really found you by mistake, while I was searching
    on Digg for something else, Anyhow I am here now and would just like to say cheers for a fantastic
    post and a all round thrilling blog (I also love the
    theme/design), I don’t have time to look over it all at the moment but I have
    book-marked it and also included your RSS feeds, so when I have time I will
    be back to read a lot more, Please do keep up the excellent jo.

    my homepage … gamefly

Stay Connected.

1,169,000FansLike
34,567FollowersFollow
1,401,000FollowersFollow
0SubscribersSubscribe
- Advertisement -
Click to download the e-book

Latest Articles

Load more