Last Change:

02/26/2025

Victim Protection Act

Year: 2014

Type: Domestic law

Rights Category: Liberty & security of person, Social protection

Description

The Victim Protection Act, 2014 provides a framework for the protection and support of victims of crime in Kenya. It ensures victims' rights to access justice, participate in legal processes, and receive compensation and restitution. The Act establishes mechanisms for psychosocial support, protection from harm, and confidentiality. It also promotes the dignity and well-being of victims while ensuring their involvement in criminal justice proceedings, contributing to a more victim-centered approach to justice.

 

 

Selected provisions
Section 2 - Definition of a Victim:

‘Victim’ means any natural person who suffers injury, loss or damage as a consequence of an offence.

Section 9 - Rights of Victims:

A victim has a right to—
(a) be present at their trial either in person or through 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 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.

Section 10 - Right to Protection

A victim has a right to—
(a) be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse;
(b) have their safety and that of their family considered in determining the conditions of bail and release of the offender; and
(c) have their property protected.

Section 12 - Victim Impact Statements:

A victim of a criminal offence may make a victim impact statement to the court sentencing the person convicted of the offence, in accordance with section 329C of the Criminal Procedure Code and that statement may be considered by the court in determining the sentence of the offender.