The police arrested Jane on 3^rdJune 2023 on suspicion that she was a member of an illegal gang, 'Wamalize.' Her family and her lawyer have consequently visited Bola Police Station repeatedly, but there is no trace of Jane. The police do not deny having Jane in their custody. They informed the family and the lawyer that Jane would be available in court on the following Monday. Jane is not produced in court on the date indicated by the police. She has been in their custody for seven days, but she has neither been produced in court nor been allowed to see her family or lawyer.

The police brag about refusing Jane's lawyer access to her. The police insist that they must protect the public from 'criminals like Jane' and that there was nothing illegal in their actions.

As Jane's lawyer, you are determined to defend her fundamental rights.

1.With reference to kenya case law, kenya legislation and other relevant material, discuss issues you will raise in Court based on the above facts.

12 Marks

2.Jane is finally brought to court several days later, and you apply for bail on her behalf. The judge categorically refuses to grant the bail on the basis that the criminal procedure code does not allow for the granting of bail for capital offences. The judge further states that he can tell from her appearance that Jane is guilty and there was no need to grant bail.

Prepare legal advice for Jane's family, who wish to have all the legal information before they can decide on what further action to take based on criminal procedure of kenya and kenya law

8 Marks

Answer rating: 100% (QA)

Answer 1 Issues to Raise in Court a Violation of Janes Rights Highlight the violation of Janes fundamental rights including the right to legal represe... View the full answer