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Reasons Why We Need a Jury in Kenya

By Frank David Ochieng’


Tel: 0202386739
Cell: 0721816896

In the United States of America, and the courts of law in the United Kingdom, a Judge
simply makes legal rulings as to what evidence will be heard by the jury and what law
governs the case. This is one reason why we need a jury, isn’t it?

As it were the Jury therefore, also referred to as trier of fact is the one(s) who determines
facts in a legal proceeding by assessing and weighing the evidence presented to court by
the plaintiff, defendant, and witnesses.

Given such a scenario, there is no way a judge will be said to have made a biased ruling
or that a magistrate shall have been compromised. All cases will be given a fair listening
for how can a conglomerate of 26 professionals be compromised?

While he announced the historic performance of the various ministries, Prime Minister
Raila Odinga reiterated the need to introduce and implement the performance contracting
policy in the judiciary as well.

This has sent shock waves in the judiciary and we are sure to see quite a number of
interested parties from across the board come out and oppose this move in the strongest
arguments possible.

But we know Raila odinga. He is one man who does not go back on his word. It is no
wonder now that the ‘grand opposition in the making group’ is loosing clout.

In our "bench trial," or non-jury trial, a judge is the trier of fact, he or she makes both
findings of fact and rulings of law. This has seen a number of malpractice allegations
being raised against the judiciary from time-to-time.

Should the jury be introduced, Kenyans will be sure of a free and biased judicial system
that is governed by professionalism and ethics thus giving Kenyans justice and not just
law.

Ends…