KISII UNIVERSITY

FACULTY : SCHOOL ART AND SOCIAL SCIENCES

TITLE : ATTACHMENT REPORT

NAME : COUSINE ACHIENG OTIENO

DEPARTMENT: POLITICAL SCIENCE AND PEACE STUDIES.

COURSE: DIPLOMA IN CRIMMINOLOGY AND SECURITY STUDIES

REGISTRATION NO. AS07/00051/20

PRESENTED TO: KENYA COUNCIL IN PARTIAL FULFILMENT OF

THE REQUIREMENT FOR THE AWARD OF DIPLOMA CRIMINOLOGY

AND SECURITY STUDIES.

SUPERVISOR: : NOAH ADUDA

COURT ATTACHED TO : OYUGIS LAW COURT

ATTACHMENT PERIOD : MARCH - JUNE2022

DECLARATION

DECLARATION BY THE STUDENT

I hereby declare that this is my own work and has never been presented to any university or institution of

higher learning for award of a certificate.

NAME: COUSIN ACHIENG OTIENO

SIGNATURE………………………………….

DATE…………………………………………..

DECLARATION BY SUPERVISOR

This attachment report has been submitted with my approval as the institution supervisor.

NAME: NOAH ADUDA.

SIGNATURE……………………………………..

DATE…………………………………………….
DEDICATION
I dedicate this project to my Siprina Auma, my sisters and brothers for their financial support and
encouragement they offered to me during my attachment period.
My dedication also goes to my friends for their financial support, my close friend and to all my course mates.
ACKNOLEDGEMENT
I would like to pass my sincere gratitude to the people who gave me assistance that enabled me to complete
this attachment report satisfactorily. I thank all my tutors in computer studies department for enriching my
knowledge.
Special thanks go to Noah Aduda my supervisor who tirelessly helped me in shaping the structure and flow of
my attachment report successfully.
I also thank my entire classmate for their friendship and close association to my studies not forgetting my
friends, my parents for their support academically and financially and unlimited love that has enabled me to
compete my studies peacefully.
Contents
1.0 DECLARATION ........................................................................................................................................................... 1
DEDICATION………………………………………………………………………………………………………………..ii
ACKNOWLOWDGEMENT ………………………………………………………………………………………………iii
ABSTRACT …………………………………………………………………………………………………………………iv
2.0 GENERAL OVERVIEW OF OYUGIS COURT ........................................................................................................... 4
2.1 DEPARTMENTS AT THE OYUGIS LAW COURT .................................................................................................... 5
2.2 REGISTRIES ................................................................................................................................................................. 5
2.3 COURT SECTION ......................................................................................................................................................... 5
2.4 OTHER DEPARTMENT ............................................................................................................................................... 5
3.0 REGISTRIES ................................................................................................................................................................. 7
3.1 CRIMINAL REGISRTY ................................................................................................................................................ 7
3.1.1 FUNCTIONS OF THE REGISTRY ............................................................................................................................ 7
3.1.2 MESUREAS PUT IN PLACE TO ENSURE SMOOTH AND SAFETY TRANSFER OF CASES FILES ................ 7
3.1.3 ACTIVITIES ENGAGED IN AT THE CRIMINAL REGISTRY ............................................................................... 8
3.3 CHILDREN`S REGISTRY ............................................................................................................................................ 8
3.3.1 ACTIVITIES INVOLVED IN ..................................................................................................................................... 8
Constitutional provisions concerning children as of paramount importance ..................................................................... 9
Constitutional provisions brought to bear in the way business is conducted in the registry/courts.................................... 9
4.0 COURT SESSIONS ..................................................................................................................................................... 10
4.1 THE TRIAL PROCESS AT OYUGIS LAW COURT ................................................................................................. 10
4.1.1 The Process ............................................................................................................................................................ 10
4.1.2 Plea taking ............................................................................................................................................................. 11
4.1.3 Trial ....................................................................................................................................................................... 12
4.1.4 Judgment ................................................................................................................................................................ 12
4.1.5 Sentencing ............................................................................................................................................................. 13
4.2 SELECTED CASES HEARD IN OPEN COURT SESSION ....................................................................................... 13
R v kazungu 0221(2022) Oyugis law court......................................................................................................................... 13
R v Samwel Omari NO, 20 (2022) Oyugis law court......................................................................................................... 13
R v Patrick Musyoka........................................................................................................................................................... 13
R v Fatuma Famce .............................................................................................................................................................. 14
5.1 Auxiliary court service providers .................................................................................................................................. 14
5.2 The role and significance of probation officers in trial process ..................................................................................... 14
5.3 The role of prison officers in criminal trials. ................................................................................................................. 14

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6.4 making use of expert witness ........................................................................................................................................ 14
6.0 OTHER ACTIVITIES ENGAGED IN DURING THE ATTACHMENT .................................................................... 15
6.1 Prison visit .................................................................................................................................................................... 15
6.2 Scene visit ..................................................................................................................................................................... 15
6.3 Boston institution visit .................................................................................................................................................. 15
6.4 community legal aid, oyugis location, Homa bay county, coastal part of Kenya ........................................................ 15
7.0 CHALLENGES ............................................................................................................................................................ 16
8.0 CONCLUSION ............................................................................................................................................................ 16
9.0 RECOMMENDATIONS .............................................................................................................................................. 16

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1.0 ABSTRACT
This is a report on judicial attachment, having been attached at the Oyugis law court. This program was
designed to address the prevalent issues in the legal field. The main purpose of judicial attachment is to help
students identify relationships and differences between the court procedures learning and the lecture room kind
of learning. Part of my attachment was an intriguing learning experience having been exposed to transactions at
all levels, which on a personal level was considered to be a fertile training ground, for law students and future
legal practitioners.

The experience from the courts has been informative and an academically experience. The chief objective of
this report is to demonstrate the capability of courts in providing a forum for law students to learn. The mode of
engaging in the study involved analysis of the field and recent study on court’s opinion and decisions. I would
recommend that further management is needed and can be accomplished through shifting a proper outline for
the students to follow. However having said that, the courts have made significant progress towards ease of
access to justice, promoting gender equality and neutrality and delivering justice without undue regard to
procedural technicality and without delay in justice delivery.

2.0 GENERAL OVERVIEW OF OYUGIS COURT

Oyugis law court is located in Homa bay, Homa bay County, The court is located in the Homa bay CBD, the
roads leading to the courts are all tarmacked and well networked, hence making accessibility visible, there are
also sign boards showing the directions towards the court hence well accessible to the people it’s meant to serve.
The court compound is well maintained, the car park well drawn out, the general environment is conducive
enough for delivery of justice, the court rooms are well furnished and installed with cctv cameras to curb
corruption and also record court proceedings on a daily basis in order to be within the judicial transformation
framework.

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2.1 DEPARTMENTS AT THE OYUGIS COURT

2.2 REGISTRIES

CRIMINAL REGISTRY

ARCHIVE

2.3 COURT SECTION

CHIEF MAGISTRATE COURT (criminal registry)

1) CHIEF MAGISTRATE (Traffic registry)

2) CHIEF MAGISTRATE (Proofreading section)

3) CRIMINAL COURT

2.4 OTHER DEPARTMENT

CASH OFFICE

PROSECUTORS OFFICE

CELLS

PHOTOCOPY ROOM

EXECUTIVE OFFICER OFFICE

DEPUTY REGISTRAR’S OFFICE

ICT ROOM

SUPPLIES AND PROCUREMENT OFFICE

SPECIFIC DEPARTMENT ATTACHED TO;

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 PERIOD DEPARTMENT
INSTITUTION

SUBORDINATES
MAGISTRATES COURT CRIMINAL REGISTRY

1ST AND 3RD WEEK OPEN COURT SESSION

SUBORDINATES COURTS
CRIMINAL REGISTRY
(OYUGIS COURT
ARCHIVES
(MAGISTRATES COURTS)

OPEN COURT SESSION

3RD TO 6TH WEEK
3.0 REGISTRIES.
3.1 CRIMINAL REGISRTY
Criminal registry is very fundamental in the operation of court session. At the registry each court has its own
pigeon hole where files are kept and stored in accordance to the court and court clerk. The files at the registry
are arranged according to the date when they will be heard in court. there are circumstances where case files
disappear or seize to active e.g. when a case file matter has been determined, when the accused disappear and
never to traced again, in case of death of key parties to a case, where a case has been withdrawn.

3.1.1 FUNCTIONS OF THE REGISTRY

a. Filing of various documents e.g. pleas, charge
sheet, etc.Receiving various files pertaining to
criminal matters.
b. Allocating matters to different courts at the
institution.Preparation of cause list.
c. Allocating numbers to various reported cases.
Preparation of release orders and warrants of
arrest etc.
3.1.2 MESUREAS PUT IN PLACE TO ENSURE SMOOTH AND SAFETY TRANSFER OF CASES
FILES
Files are stored in the cabins the moment they are received from court.

Court clerks are the only entitled to remove or take files from the registry.

When the files are in courts, the court clerk ensures that on one tampers with them.

From the police station the files are handed to the prosecutors then to the e court clerk.

In the circumstances where files are missing, the concern parties are allowed to open a skeleton files to replace
the missing one.

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3.1.3 ACTIVITIES ENGAGED IN AT THE CRIMINAL REGISTRY

Introduced to the registry’s functioning and the staff at the registry.

Marked a number of files for easy reading by the magistrates and judges during hearings.
Opening and registration of new cases
Proof reading of proceedings
Filing bail and bond forms Filing daily summary returns
Attending to advocated and litigants
Filing remand warrants, production orders and warrants of arrest.
Filing warrants of commitment for sentence of imprisonment or
finePreparation of daily cause list
Perused a number of files that have been deicide just to expand my knowledge and familiarize with jurisdictions
cases.
Entered case in the registry from the charge sheet.Prepared several release
orders.
Prepared committal warrants.

3.3 CHILDREN`S REGISTRY

The children registry mainly deals with matters necessarily concerning children, especially when in it comes to
child custody and provision of basic needs.

3.3.1 ACTIVITIES INVOLVED IN.

Filing of documents e.g. plaints, affidavits.

Allocating file numbers to the respective of children to be determined.

Prepared cause list.
Skimmed through a number of files both determined and pending.

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Constitutional provisions concerning children as of paramount importance.
Article 53 of the constitution of Kenya 2010, provided for the right s of children.
F) Every child has the right not to be detained, except as measure of last resort, and when detained; to held,
i) For the shortest appropriate period of time
ii) Separate from adults and in conditions that take account of the child’s sex and age.
2) A child best interest is of paramount important in the matters concerning the child.
Constitutional provisions brought to bear in the way business is conducted in the registry/courts.
A) Article 159(2), the courts/registry follows the CHIEFs set out in these articles. They include;
a) Justice shall be done to all, irrespective of status
b) Justice shall be administered without undue regards to procedural technicalities
c) Justice shall not be delayed
B) Article 48. Access to justice
The state shall ensure access to justice to all persons and if any fee is required, it shall be reasonable and shall
not impede access to justice.
C) Article 35-access to information
1) Every citizen has the right to access to information held by the state and information held by another person
and required for the exercise or protection of any right or fundamental freedom.
Having been placed in the criminal/civil/family registry part of my learning was to attest to the procedure of the
court and to affirm that an accused persons rights where being observed in accordance to the constitution.

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4.0 COURT SESSIONS
The court rooms at Oyugis law court are well furnished, highly equipped with closed circuit television, well
cleaned every morning. The court session commences at 9:00 A.M and ends at 5:00 PM. was specifically
attached at court number 1 presided by senior resident magistrate NOAH ADUDA. During frequent attending
of court, we endeavored to learn the procedure and language that is applied in court. Part of my work entailed
writing cases and personal proceedings. The court has the duty to listen to the accused person and to ensure
him/her have a fair trial bearing in mind the provision of article 50 of the constitution of Kenya 2010. In doing
this the court allocates mention dates and hearing dates to the accused person as per the court diary.
During court we also observed and learned on how to write various kinds of documents, for example writing of
warrants of arrest, production order, vagrancy, prison committals, remand warrants etc. The court in line with
Article 159(2) (b) ensures that justice is not delayed. In court we also observed that an advocate cannot stand
surety on behalf of his/her client it’s against the advocates conduct. In relations to question on bond terms, they
are set as per the nature of the offense that is the discretion of the court. A magistrate or a judge must comply
with section 200 of the criminal procedure code when taking up the case of another magistrate. In practice its
bad practice for magistrate to discuss issues of another court with his/her fellow colleagues. In relation to bond
terms set another court cannot review or reverse bond terms set out by another court. If the accused person feels
aggrieved by the terms put he/she can seek remedy in the same court that had awarded the bond terms.

4.1 THE TRIAL PROCESS AT OYUGIS LAW COURT

Criminal procedure gives one process and procedures of accessing the courts. What happens when somebody is
arrested etc.This is the trial process which relies on the Law of Evidence. The Constitution lays the foundation
upon which criminal procedure is premised.

4.1.1 The Process

The process starts by way of a complaint done through the police process. Person alleging is required to write
statement, produce witnesses, record witness statements, if an offence has been committed police make the
decision to arrest the culprit and take him to court.
1. Complaint
2. Arrest
3. Charges
4. Plea

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 5. Trial

6. Judgment

7. Sentence
The above sequence may change depending on the offence and the sequence may start with an arrest i.e. where
a person snatches a handbag. It is not necessary that a complaint be made first. Charges to prefer are found in
the Penal Code or any other statute that creates criminal offences. A charge can be referred to as
information. Basically it lays in a clear precise manner what the specific charge is Lay out according to the
various sections of statutes that have been contravened.
Depending on the length of time, the Police can decide based on the offence whether to give bail the charges
stage. Mostly police frequently gave bond in traffic cases. If the accused is not given bail/bond or given and
told to go to court then the stage of Plea taking comes in.

4.1.2 Plea taking

The accused comes to court and the charges as laid out are read to the accused. The charges disclose an
offence. If an offence is not disclosed the court discharges or a fresh complaint may be put in the court. If the
charge is proper, it is read to the accused and the accused is given an opportunity to respond. In case of petty
offence like drunk and disorderly the charges are read and the accused person pleads. In case of serious cases if
the accused person pleads guilty the court prosecutor is goes through the file and give an evidence of what is
contained in the police file.
Then the accused person responds to the charge. If they agree with the facts as set out in the prosecution file,
they are convicted on their own plea. If the accused person does not agree with certain things in the prosecution
file or dispute facts the court enters a plea of not guilty. The court then considers whether or not to grant
bail. If the court considers that bail should be granted, it is then granted and under normal circumstances the
accused person’s right to bail should be automatic unless prosecution has objection which does not necessarily
mean that the court should deny bail. The court has no information about accused persons before them and so
the court cannot make an independent decision unless the prosecution brings details to the attention of the court.
Once the bail terms are set, if the accused is given bail with security or sureties, the court goes through the
process of going through and verifying the sureties. In sureties there are three parties, the accused person signs
bonds himself, the surety who is to ensure that the accused attends to court and if they fail to ensure they forfeit
the security. If the court is satisfied, the accused person is released.

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It is a requirement under the CPC that where an accused person has been denied bail or where they cannot raise
bail, the case has to be mentioned every fourteen days.

The court keeps a master diary and there is the court that takes pleas and the plea taking court gives hearing
dates. If the court has given a hearing date, it means that before the hearing the accused person is supposed to
be in custody for a certain period so in between the court will give mention dates if it is longer than the fourteen
days. Depending on what offence the accused has been charged with the court that is taking the plea must
ensure that it has the jurisdiction to take the plea. SRMs upto Chief Magistrates have jurisdiction to award upto
the death penalty so if the case is to do with death sentence only SRMs and Chief Magistrates can take plea.

4.1.3 Trial

Innocent until proven guilty, It is the prosecution that has the obligation to tender evidence and prove its case
beyond reasonable doubt so that during the trial the prosecution will bring all their witnesses who gave evidence
and the accused and the court will determine whether there is a case to answer, evidence adduced by the
prosecution should be such evidence that it can convict the accused. If the court finds the accused has no case
to answer they are acquitted under Section 210. At the defense hearing stage the court has a duty to explain to
the accused that they have a case to answer and should explain to the accused about their options. The accused
person is at liberty to call witnesses. All witnesses are required by the law to either be sworn or be affirmed and
in our legal system there is no place for a person to read an unsworn statement. The defense after this will close
their case

4.1.4 Judgment

The court will write a judgment and there are provisions in the CPC on what is required in a judgment. There is
no standard structure of what a judgment should look like but we observed several judgments at Oyugis law
court which had the structure as follows.
1. It was easily understood – this is because this is how the court communicates and it has to ensure that anyone
reading the judgment can understand.
2. It contain the verdict of the court – if an accused is charged with several counts of theft, the judgment must be
specific on which counts he has been found guilty and which ones he has been found innocent.

3. If the accused is not guilty they are discharged under Section 215 of the CPC, where a verdict of guilty is
pronounced the court requires the prosecution should produce records of the accused e.g. previous offences, all

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relevant information. The prosecution confirms to the court and the accused is given the opportunity to admit
and dispute previous convictions. If they dispute the court has to conduct a mini trial to establish the truth and
the prosecution are invited to produce evidence and the accused can present their case and produce witness.
Once it is settled the accused person is given an opportunity to mitigate. The accused persons counsel usually
mitigates for the accused. Under Criminal Law we observed victim impact statement which means that a
primary victim (direct victim of crime) is allowed to address the court through a statement saying how the
offence has affected them. If you were car jacked or lost a limb one is allowed to address the court on how they
have been affected. Where someone losses their lives next of kin are allowed to come and give their Impact
Victim Statements. This is usually in cases where there is violence and injury.

4.1.5 Sentencing
The court takes into account all the things that have happened after judgment to be able to determine what kind
of sentence to award. In Kenya there are those mandatory cases with a death sentence and where the court is
sentencing such persons they do not consider any other options. But in other cases they have options such as
community service, fines, juvenile courts etc. There are no cases with rational sentencing; there is no codified
sentencing mechanism policy.

4.2 SELECTED CASES HEARD IN OPEN COURT SESSION

R v kazungu 0221(2022) Oyugis law court
Charge of defilement contrary to section 8.4 of the sexual ofe3nces act of 2006
Exhibit produced DNA samples, medical report, the case was given another hearing date following the absence
of the last prosecution witness who seemed to be key witness in the case.

R v Samwel Omari NO, 20 (2022) Oyugis law court

Charged of rape contrary to sexual offences act of 2006, the accused was released on a bond of 100000 with
similar surety

R v Patrick Musyoka
Charge of public nuisance, the accused were punished to 1 day work at Oyugis hospital

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 R v Fatuma Famce
Plea taking, the accused was charged with of contemplating and intent to addressing (mwanaisha forum), no
objection was taken from the accused hence a section 204 of the criminal procedure code applied adequately

5.1 Auxiliary court service providers

5.2 The role and significance of probation officers in trial process

Many people who convicted of crimes are placed on probation instead of being sent to prison. People who have
served time in prison are often released on parole. During probation offenders stay out of troubles as required by
the law. To keep away from trouble probation officers play a significant role in monitoring the offenders and in
the administration of justice, and enjoyment of rights. The roles of probation officers include:

They supervise those on probation.

They supervise offenders through personal contact with the offender and his/her family.

They investigate the background of the accused person, write a pre-sentence report and
recommend imprisonment.

They also play a role in ensuring public safety. e.t.c

5.3 The role of prison officers in criminal trials.
Prison offices in criminal trial play a significant role which include;
They hold custody of the person under arrest.
Avail prisoners in court as witness when required.
Remove prisoners for hospital when sick so as to make ready for hearing pending on the prisoners.
Release prisoners when acquitted by the court. E.t.c.
6.4 making use of expert witness.
The court made use of expert witnesses, in several instances especially in cases such as; defilement, rape,
murder, probation cases.

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The experts were used to explain and provide opinions about particularly complex issues that are beyond the
general knowledge of most people.

6.0 OTHER ACTIVITIES ENGAGED IN DURING THE ATTACHMENT.

6.1 Prison visit.
Visiting the prison and associating with the prisoners, was quite challenging but a learning experience. The
visiting of prisons is part of bringing the court to the persons in custody. At the prisons the accused persons, are
called out, it’s sought of mentioning done in prison. The experience that we the students got to see is harsh but a
real experience, seeing the conditions and status of the prison facilities. This helped the students appreciate the
essence of being law abiding citizens and also respect the due process of law.

6.2 Scene visit

This is situations where the hearing has commenced and in the middle of the hearing there is need to visit the
scene of the crime or the items that were gotten from the incident. Scenes that we visited include road side
pavement, prison fences, people’s houses-where brakeage was done hence need to see the damages to award,
the scene visit entail the viewing of evidence.

6.3 Boston institution visit

Visiting the Boston institution gave a different impression on how we view the rights of a child, during the visit
at the institution gave a real life happening in the society. I gave several legal advice to some of the children at
the facilities, most of my engagement with the kids involved listening to their cases, state at which it is, some of
the defenses available for him or her to some extend I also assisted other by informing their parents that their
son or daughter is in juvenile custody hence the response was positive encouraging on both parties.

6.4 community legal aid, Oyugis location, Homa bay

During the attachment period student at the Oyugis law court, organized a community legal aid, which was
carried out in Oyugis location. This initiative was mainly a brain child of Kisii University students. The main
purpose of the programme was to educate the community on matter pertaining to legal procedures affecting
them directly or indirectly. We enlighten the residents thereon several topics of the

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law, which included family law, land law, alternative dispute resolution, sexual offences act, rights of arrested
person, succession law, etc. I specifically was given land law to discuss to the resident. Land being a thorny
issue in the republic of Kenya specifically in Oyugis, I mainly dwelt on the new land laws changes in the
country bearing in mind the three land law statutes enacted; land act, land registration act and national land
commission.

7.0 CHALLENGES
For successful activity and undertaking there several hiccups experienced and at the Oyugis law court were no
exception, there were quite a number of challenges and difficulties experienced at the Oyugis courts, they
included;
Heavy down pours in Oyugis ,hence making sometimes the court process to commence a bit late.
At the beginning of the Attachment, the judiciary staffs were a bit hostile and exploiting student at the
registries.
The students, we were treated as underdogs in registries by the court registrars and clerks.
During hearings sessions could run late in the evening hence as student not gotten used to it, had a rough time
adjusting to such a schedule and patience in both chambers and open courts.
Most of the cases at the courts were either adjourned or held brief hence making some interesting cases
escape ears of the student e.t.c

8.0 CONCLUSION
The clinical legal attachment served its purpose at Oyugis law court theory in lecture rooms and practical’s in
the temples of justice i.e. court rooms are two distinct entities but related in nature. This report introduces the
legal environmentally-friendly and academic nature of our courts. The information about the nature of our
courts provides sketches for future aspiring legal practitioners. This brings out a clear and promising
opportunity for the future of legal system in Kenya. Indeed the sky is the limit for all lawyers- in- the- making.

9.0 RECOMMENDATIONS
The ongoing judiciary transformation framework should accommodate student on attachments at the courts, t

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be appreciated with a token at least to uplift the students morale in the courts while undertaking there attachment
courses. The Kisii university, as we scale the heights of education, the law student log book should be amended in
order to accommodate more work to be written instead of being underlined it should be plain and the outside
appearance should reflect the emblem of this biggest private university in Kenya so as to make the scaling heights
of education more steep but worthwhile.

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