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{
    "id": 487329,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/487329/?format=api",
    "text_counter": 99,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "trial process a representative of their choice; (b) have the trial begin and conclude without unreasonable delay; (c) give their views in any plea bargaining; (d) have any dispute that can be resolved by the application of law decided in a fair a fair hearing before a competent authority or, where appropriate, another independent and impartial tribunal or body established by law; (e) be informed in advance of the evidence the prosecution and defence intends to rely on, and to have reasonable access to that evidence; (f) have the assistance of an interpreter provided by the State where the victim cannot understand the language used at the trial; and (g) be informed of the charge which the offender is facing in sufficient details. (2) Where the personal interests of a victim have been affected, the Court shall— (a) permit the victim’s views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court; and (b) ensure that the victim’s views and concerns are presented in a manner which is not— i. prejudicial to the rights of the accused; or ii. inconsistent with a fair and impartial trial. (3) The victim’s views and concerns referred to in subsection (2) may be presented by the legal representative acting on their behalf. This is purely an addition. We are not proposing for deletion of Clause 9. Clause 9(a) deals with the rights during a trial process where a victim has complained and proceedings are being conducted in court. This deals with the question of the right of the victim to be present during the trial or through a representative. Sometimes, the victim himself or herself may not wish to be present during a trial. That should not inhibit the fact that he or she is not present in person but a representative could as well do. So, we want to give it a wide latitude for representatives, including lawyers or family members, to be present on behalf of the complainant or the victim. That is the tenure generally that is introduced in Clause 9(a)."
}