Click here to sign up. Download Free PDF. Kenya: Preparation of files for trial. A short summary of this paper. Download Download PDF. Translate PDF. They are often used in conjunction with a filing cabinet for storage. Preparation will entail knowing the facts of the case thoroughly, considering the potential relevance of all the facts in their legal context, considering possible responses to any point made, planning and thinking through arguments beforehand.
The police file would ordinarily have the following documents and records a Custody Record This explains i. It also indicates time when the suspect arrived at the station and his condition on arrival. A detention decision is then made to keep the suspect in police custody possibly to await arraignment or pending further investigation. The comment by the suspect on being informed of detention is also recorded.
It also contains the name of the officer opening the custody record. Name and rank of the arresting officer and officer in charge of the investigation are also noted.
All documents relating to the report of the offence and all subsequent reports or amended reports to be marked A 1 , A 2 etc. The marking distinguishes various reports made by different persons and enhances clarity and reference. These documents should be marked as B 1 , B 2. Photographs should be mounted on foolscaps; In case they are not mounted on foolscaps, then they should be placed in envelopes of a suitable size and the contents thereof clearly listed on the outside.
Contents of medical reports and such other experts whose language is technical must be supported by a statement from the expert setting out in detail and simple language the contents of the report. Every statement recorded by police will: i. If other than English and an interpreter is used, a certificate shall be completed by the interpreter. The statement must be endorsed to the effect that the author has been invited to effect corrections he wishes to make after reading it.
The statement must be signed by the witness or if illiterate thumb printed. Copies of all other prosecution witnesses should then follow, including evidence of identification parades which follows the main identifying witness.
The statement of the Police Officer conducting the ID parade will be cross referenced with statements of each identifying witness for ease of reference, and will itself include as an addition to the statement a copy of police form P.
All statements are marked D 1 , D 2. Maintained by the police officers conducting the investigation. The same should be marked G During the trial, the charge sheet maybe amended or substituted and such copies will be kept in the sub file. Section CPC allows the prosecution to amend or substitute the charge sheet anytime before the close of the prosecution case.
These are marked at H The fingerprint form of the accused will be placed in this sub file. List of the witnesses to testify. This report is by the Officer in charge of investigations giving the chronology of events and conduct of investigations culminating to the decision to charge the suspect and arraign him in court with specific charges. The Investigation officer in giving the findings will cross reference with relevant witness statement and exhibit. Reference must be made to the contents of the file e.
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