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An Overview of Prosecutorial Powers in Kenya

An Overview of Prosecutorial Powers in Kenya
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Author(s): Henry K. Murigi (United States International University-Africa, Kenya)
Copyright: 2022
Pages: 23
Source title: Comparative Criminology Across Western and African Perspectives
Source Author(s)/Editor(s): Simeon P. Sungi (United States International University-Africa, Kenya) and Nabil Ouassini (Prairie View A&M University, USA)
DOI: 10.4018/978-1-7998-2856-3.ch014

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Abstract

Individual liberty, which traces its roots to the renaissance, is the core of every democratic society. When the state powers of prosecution are invoked, the idea of individual liberty comes into sharp focus. The colonial era in Kenya saw the misuse of prosecution power to dominate and eliminate threats to the stability of the colonial masters. This practice and misuse of prosecutorial power were carried forward by successive governments demonstrating utter disregard for individual liberties. This chapter identifies this as a historical fault line to the independent prosecutorial powers. There was a great departure after the promulgation of the Constitution of Kenya in 2010 paving the way for prosecutorial independence. The structural independence of state powers of prosecution seems to complement the functional operations of the office of the Director of Public Prosecution. The chapter will consider whether this is an identifiable or implicit fault line with the potential to threaten individual liberty.

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