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KenyaSimplified

Chapter 4, Part 2 · Art. 50

Fair hearing

  • Every dispute should be decided fairly and openly by a court or an impartial body.
    Art. 50(1)

    (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

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  • If you are accused of a crime, you are innocent until proven guilty.
    Art. 50(2)(a)

    (a) to be presumed innocent until the contrary is proved;

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  • You must be told clearly what you are accused of.
    Art. 50(2)(b)

    (b) to be informed of the charge, with sufficient detail to answer it;

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  • You have the right to a lawyer, and to be told this promptly.
    Art. 50(2)(g)

    (g) to choose, and be represented by, an advocate, and to be informed of this right promptly;

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  • If serious injustice would otherwise happen, the State can give you a lawyer at its own cost.
    Art. 50(2)(h)

    (h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;

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  • You can stay silent and you do not have to testify.
    Art. 50(2)(i)

    (i) to remain silent, and not to testify during the proceedings;

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  • You have the right to a free interpreter if you do not understand the language used in court.
    Art. 50(2)(m)

    (m) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;

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  • You cannot be tried twice for the same offence.
    Art. 50(2)(o)

    (o) not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;

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