Due process rights which exists in some form in most Constitutions of the world, and which are recognized as a key pillar of International Human Rights Law, largely depend on clear, unambiguous and accessible laws.
Criminal laws are central in this regard since the related rights and privileges emerge from the existence of what is recognized as an offence in a particular jurisdiction. The observance of these laws depends on a citizen’s awareness of the existence of that offence.Read more...
While there is a distinction between law on the one hand, and morality and socially acceptable behaviors on the other hand, people can only relate to offences when they have been informed of those offences, or when they assume that it is wrong based on their social, religious or moral inclinations. In absence of civic education many crimes remain a mystery only to be known after being arrested.
Despite the alternatives of how to access legal information, the Kenyan context, like many others creates further challenges where the specific information of what is criminal and what is not, is not easily accessible. This means that it is only at the point of arrest, and criminal proceedings that one will be informed that their actions are illegal based on a certain statute. The inaccessibility of criminal laws in Kenya is created by the fact that in Kenya criminal offences appear in a variety of statutes running over thousands of pages and one cannot identify a specific offence just by reading one statute.
This web portal therefore identifies what is a crime in Kenya and what is not, by identifying, analyzing and listing all the crimes in Kenya, and updating such from time to time.
Future endeavors would be to incorporate cases where prosecution has taken place on each of those crimes in order to encourage legal discourse in the academic circles, and to encourage fair and just precedence development in Kenya. It would be also relevant to consider the various offences that are created at county level.
This project will inevitable inform legal reform in light of the many outdated, inconsistent and overlapping offences. There are also various circumstances where the penalties lack consistency and fairness. The availability of data and information that is capable of being electronically accessed will allow for easy and efficient assessment of the unjust laws, the creation of synergies for related laws, and influence information based law reform in the area of criminal justice....read less
This web based application consists of ALL known criminal offences in Kenya for which one may be arrested. In order to enhance legal research and jurisprudence around the offences, the application from time to time attempts to synchronize each of the offences with relevant cases. Order to remain relevant and useful, all the information is up to date with legislation in as much as new offences are created. One may search under an Act of Parliament, under a specific theme/profession/category, or may peruse through the offences alphabetically. Each offence displays the penalty. ...read less One may search a criminal offence under any Act of Parliament. The list of Acts is arranged Alphabetically, and one can access the information by clicking an Act of Parliament, and it opens all the available offense. Under each offence, one may navigate and read the name of the offence and the penalty provided.
One may also search for an offence under a theme. For instance, the them related to ‘Land’ and when they click such a theme, then all the offences related to Land will appear and one can find relevant information. A general and easiest search is where one searches under the search tab, which brings details in a similar manner as the search terms employed in any search engine.