Efficacy of investigative laws in Kenya: the case of the directorate of criminal investigations
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Authors
KURIA, JOSEPHINE NYAMBURA
Journal Title
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Volume Title
Publisher
Strathmore University
Abstract
Reports from Kenyan courts show an increasing number of acquittals due to poor and/or lack of evidence. This is the situation in Kenya despite the establishment of the Directorate of Criminal Investigations(DCI) that has branches in all the counties in Kenya.
The present study, therefore, seeks to establish the laws that guide investigations in Kenya, the pretrial rights of individuals and whether the DCI should be an autonomous institution to enhance its operations. Human rights law and Criminal law in Kenya have variously constituted regimes for the enhancement of proper investigations but they have both arguably done a sub-optimal job. The basic reason for this failure has been the failure to adequately protect the pretrial rights of the suspects.
Description
Proper investigations are certainly important and the role of the Directorate of Criminal Investigations( DCI) in the carrying out of investigations is heavily relied on by both the witnesses and the victims of the crime.1 Kenya relies heavily on conventional ways of collecting evidence which are witness testimonies and confessions. In certain cases, investigations rely on forensic science evidence as the use of technology is heavily relied on in the modern world.3 These ways of gathering information are made possible by the law, as the Constitution of Kenya (2010) protects human rights in the criminal justice system.4 The National Police Service Act establishes and lays down the functions of the DCI, the Evidence Act of 2014 lays down the rules of evidence and
the Criminal Procedure Code lays down the procedures that are to be followed when prosecuting offences.