Criminal Law ( Kenya)
Investigation of Crime
The National Police Service created under Article 243 has a specific mandate to prevent and
detect crimes. The police do investigations and when they are satisfied that they have gathered
enough evidence against a suspect they refer charges in court.
All suspects are prosecuted by the Director of Public Prosecution who is in charge of all
prosecutions.
The Director of Public Prosecution can direct the police to investigate an alleged offence. It is
hereby the duty of the police to gather all evidence whether it is in favor or against the suspect.
In the process of investigation; the police will arrange for various tests and witnesses required.
This may include medical tests, forensic tests and witness statements.
Recording of Statements
The police are required to take down witness statements as well as the suspect’s statement this is
provided in Section 22 of the Police Act.
The suspect however, has a constitutional right to remain silent or not give any incriminating
evidence, this is a constitutional right granted under Article 49(b) and (d).
There are two categories of statements that can be taken down:
a) Statement of Inquiry
b) Statement under charge and caution
Statement of Inquiry
This is a statement taken from a person or people who the police believe have information that
would assist in the solving the crime.
At this stage, a suspect may also be called upon to write statement but no decision has been made
on who to charge. The police are still under inquiry to find out the truth giving rise to the
suspected crime. The suspect may be a suspect or not.
Investigation of Crime
The National Police Service created under Article 243 has a specific mandate to prevent and
detect crimes. The police do investigations and when they are satisfied that they have gathered
enough evidence against a suspect they refer charges in court.
All suspects are prosecuted by the Director of Public Prosecution who is in charge of all
prosecutions.
The Director of Public Prosecution can direct the police to investigate an alleged offence. It is
hereby the duty of the police to gather all evidence whether it is in favor or against the suspect.
In the process of investigation; the police will arrange for various tests and witnesses required.
This may include medical tests, forensic tests and witness statements.
Recording of Statements
The police are required to take down witness statements as well as the suspect’s statement this is
provided in Section 22 of the Police Act.
The suspect however, has a constitutional right to remain silent or not give any incriminating
evidence, this is a constitutional right granted under Article 49(b) and (d).
There are two categories of statements that can be taken down:
a) Statement of Inquiry
b) Statement under charge and caution
Statement of Inquiry
This is a statement taken from a person or people who the police believe have information that
would assist in the solving the crime.
At this stage, a suspect may also be called upon to write statement but no decision has been made
on who to charge. The police are still under inquiry to find out the truth giving rise to the
suspected crime. The suspect may be a suspect or not.
