54. Article 50(2) provides that every accused person has the right to a fair trial, which includes to be
presumed innocent until the contrary is proved; to be informed of the charge, with sufficient detail to
answer it; to have adequate time and facilities to prepare a defence; to a public trial before a court
established under this Constitution; to have the trial begin and conclude without unreasonable delay;
to be present when being tried, unless the conduct of the accused person makes it impossible for the
trial to proceed; to choose, and be represented by, an advocate, and to be informed of this right
promptly; to have an advocate assigned to the accused person by the State and at State expense, if
substantial injustice would otherwise result, and to be informed of this right promptly; to remain silent,
and not to testify during the proceedings; to be informed in advance of the evidence the prosecution
intends to rely on, and to have reasonable access to that evidence; to adduce and challenge evidence; to
refuse to give self-incriminating evidence to have the assistance of an interpreter without payment if
the accused person cannot understand the language used at the trial.
55. Article 50((2))(n) protects individual from conviction for an act or omission that at the time it was
committed or omitted was not an offence in Kenya or a crime under international law.
56. The Constitution of Kenya, 2010 even goes beyond the provisions of the Charter by prohibiting double
jeopardy under Article 50(2)(o) which prohibits one from being tried for an offence in respect of an act
or omission for which the accused person has previously been either acquitted or convicted; to the
benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment
for the offence has been changed between the time that the offence was committed and the time of
sentencing.
57. The Government has adopted the National Prosecution Policy which seeks to regulate and standardise
how prosecutions are conducted. It has prescribed policy considerations for public prosecutors in the
initiation and conduct of prosecutions in the Republic of Kenya. The policy ensures that the public is
empowered and know what to expect and demand fair, efficient and effective public prosecution
services.
58. The Judiciary has undergone radical reforms in the recent past. Article 173 of the Constitution of
Kenya, 2010 creates the Judiciary Fund. This has increased the independence of the Judiciary. During
the 2013-2014 Budget, the fund was allocated the sum of Kenya Shilling 3.5 Billion to be used for
administrative purposes and other matters to facilitate efficient delivery of services by the Judiciary.
This fund has been instrumental in implementing the Judicial Transformation Framework 2012-2016.
The Judiciary has also digitized over 60 million pages of cases for the High Court across Kenya and
over 10,000 records for the Court of Appeal covering the years 1999 to 2010.
59. The Constitution stipulates the number of Judges that shall sit in the Supreme Court as the Chief
Justice, the Deputy Chief Justice and 5 other Judges. Article 164(1)(a) provides that the Court of Appeal
shall have at least 12 judges but the actual number to be determined by an Act of Parliament. There are
currently over 30 Judges sitting in the Court of Appeal. There are currently over 70 Judges in the High
Court. It is envisaged that the increase in the number of Judges will lead to an improvement in the
disposal of cases.
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