An NGO in Mathare now wants sexual offence suspects to have mandatory legal representation.
Sheria Mtaani Na Shadrack Wambui has sued seeking to stay the prosecution and hearings of all criminal proceedings of unrepresented suspects on sexual offences.
The offence attracts a life imprisonment sentence without the possibility of remission.
The lobby says as it is, suspects are not entitled to representation at the expense of the state if they are unable to hire an advocate of their choice.
It says there are over 3,000 cases of sexual nature in court and despite the harsh and punitive legal punishments, there is no certainty that suspects are represented by an advocate at their cost or the state.
The NGO now wants the Chief Justice to be compelled to make it mandatory for such suspects to be represented to prevent miscarriage of justice.
“It is, therefore, imperative that the question of representation of alleged sexual offenders, who upon conviction could be imprisoned for life, is determined prior to avoid a further miscarriage of justice and a mutilation of the constitutional promises to an accused person on their right to fairness,”court papers read in part.
Sexual offences that attract life imprisonment include rape, attempted rape, sexual assault, defilement, gang rape, incest and the deliberate transmission of HIV or any other life-threatening sexually transmitted disease.
The NGO says in view of the seriousness of the offences, special consideration commensurate to that given to murder suspects must be given to alleged sexual offenders.
Sheria Mtaani further says DPP’s consolidated Annual report showed approximately 4,088 sexual offences cases were filed between 2019-20.
“With the harsher punishment of imprisonment for life or the punitive sentences meted to these group of sexual offenders upon conviction, care and circumspection must be exercised during the process of trial," they argue.
They say to avoid any procedural or substantive error in the proceedings, an advocate must be present during the prosecution of such cases.
Sheria Mtaani avers due to the complexity of sexual offences which involve expert witnesses such as doctors and legal jargons, suspects need an advocate to represent them.
“It is not difficult to fathom the imbalanced and insensitive trial that such an unrepresented accused person finds themselves in consequently making meaningless their right to a fair trial,”court documents say.
