n Malawi Law Journal - The Constitution in practice : an appraisal of the Kenyan case law on the right to a fair trial




The Constitution of Kenya recognises the right to a fair trial. This article examines the manner in which Kenyan courts have interpreted this right. Drawing on the jurisprudence of the international human rights monitoring bodies, in particular that of the UN Human Rights Committee, it demonstrates that courts in Kenya have faired quite well in protecting and entrenching fair trial rights. Through an in-depth discussion of the case law, an attempt is made to highlight the areas in which the jurisprudence is particularly strong and those where improvements could be made.


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