Escolar Documentos
Profissional Documentos
Cultura Documentos
STANDARDS OPERATING PROCEDURE FOR FGM AND CHILD EARLY AND FORCED
MARRIAGES
1.0.
Introduction
1.1.
1.2.
1.3.
The ODPP shall not be under the directions and/or control of any person
and or authority in exercise of its mandate.
1.4.
1.5.
1.7.
Definitions
For the purposes of these guidelines:
Public Prosecutor means the DPP and any other person exercising the
delegated powers of the DPP under Article 157(9) of the Constitution.
Investigating Officer means any person authorized by an Investigative
Agency to undertake criminal investigations.
A victim of crime is a person who, through or by means of a criminal
offence (whether or not any person is convicted of that offence), suffers
physical or emotional harm, or loss or damage to property; and, where an
offence results in death, the members of the immediate family of the
deceased.
A witness is a person who testifies under oath in a trial with first-hand
information based on observation or expert opinion that is useful in a trial.
A party to the trial may be a witness.
Witnesses to crimes are important to our system of justice. A witness may be:
a victim of crime
a partner, relative or friend of a victim
Someone who was present when a crime was committed or may know
something about it.
2.0. Objective
2.1.
2.2.
The roles of a Public Prosecutor in the criminal justice system include but
are not limited to:
a) Providing legal advice to Police Officers or other agencies
investigating matters relating to criminal offences.
b) Instituting criminal proceedings against accused persons, including
preparing charges. In this regard, it should be noted that the
selection of the charges to be preferred to the accused person is
an integral part of the decision to prosecute.
c) Conducting criminal trials.
d) Withdrawing criminal charges or terminating the prosecution of
accused persons in appropriate cases.
e) Prosecuting bail and other applications.
f) Prosecuting judicial review applications, petitions and constitutional
references.
g) Negotiating and entering into plea agreements with an accused
person or his representative.
h) Determining what evidence should be presented during trial.
i) Assisting the court in sentencing by evaluating victim impact
statements and antecedents of the accused.
j) Prosecuting appeals in higher courts of law.
k) Instituting revision proceedings.
l) Handling public complaints.
m) Identifying witnesses in need of protection and facilitating their
protection, including applying for protective measures for
venerable witnesses.
n) Taking steps to ensure that persons who are liable to pay sums of
money to the Government pursuant to criminal proceedings do so.
o) Taking steps to recover assets which should be forfeited to the
Government pursuant to a court order.
3.2.1. A public prosecutors key role is to consider the facts of every case
carefully. Upon such consideration the prosecutor may do one of three
things:
Decide that there is sufficient evidence on which to prosecute and
proceed with the prosecution;
Decide that more information is needed to make an informed decision
and therefore instruct the investigating officer to further investigate the
case;
For various reasons, such as public interest, decide to withdraw the
charges.
3.2.2. Where the witness is a victim of crime the prosecutor his/her interests into
account when making any of these decisions and may also decide to
alter the charges, depending on the relevant facts of the case.
3.2.3. The prosecutor will request all information relevant to the
bail
proceedings from the investigating officer and present this to the
court to ensure that the decision to grant or deny bail to the accused is
taken with the best interest of the witness in mind.
3.2.4. The Public prosecutor has a duty to keep the witness informed throughout
the criminal proceedings especially where the witness is a victim. The
public prosecutor shall conduct a pre-trial meeting with the witnesses.
During the meeting the Public prosecutor shall:
explain to the witness of the purposes of the meeting;
explain as to the prosecutors role as defined by the ODPP Act and
the Prosecution Policy;
explain to the witness that it will not be possible to discuss the
evidence of the witness or any other matter relating to the
evidence in the case;
explain the court processes and procedures and roles of the various
parties in the trial;
3.2.5. The Public Prosecutor, before or during the conduct of criminal
proceedings and upon the advice of the Investigating officer or premised
on the sentiments of the witness, may make an application after a proper
first assessment and where certain requirements are met, for a witness to
be placed under the witness protection programme.
3.2.6. The Prosecutor with the assistance of the Investigating Officer will support,
prepare and give the witness as much information as possible about what
is likely to happen in court as they give evidence.
3.2.7. Upon receipt of a file that on FGM and Child Early and Forced Marriages
the Public Prosecutor must ensure that;
Preferred Charge
Element
1.
2.
3.
Section.19(1)
Section.19(2)
Causing death by
performing FGM
4.
5.
6.
7.
Section.23
8.
Section.24
9.
Section.25
Being in possession of
FGM paraphernalia e.g
notes, tools etc.
Being found in premises
where training is
believed to be carried
out.
Actual death
Cause of death
Causation of
remoteness
Proof of any sort of
assistance for purposes
of perpetuating FGM
Proof of effort by suspect
eg. monetary
Proof of any sort of
assistance
Proof of effort eg.
monetary payment etc.
Proof of citizenship
(Kenya)
Travelling documents
Medical report
Proof of ownership or
possession and /or
control
Knowledge
Actual Act
Tools/Paraphernalia
Possession of relevant
equipment
Proof of authority
Proof of knowledge and
failing to take
appropriate action.
Actual abusive
word/derogatory word
Intention to offend
10.
Section.28
Proof of citizenship
Medical report
5.2.1.1.
5.2.1.2.
To have the full effects of the crime upon her made known to the
sentencing court by the prosecutor.
5.2.1.3.
5.2.2.2.
5.2.2.3.
To seek redress by way of civil proceedings under appropriate
circumstances and the court upon determination of the matter may
make an order for compensation or restitution to victims of crime.
8
5.3.
Right to confidentiality
5.3.1. To have their privacy and confidentiality respected by all actors involved
in the criminal justice system. The address and other personal details and
information whose disclosure is likely to prejudice the security and person
of a victim shall not be disclosed unless deemed material to the defence.
6.0
Inter-agency Collaboration
The public prosecutor shall strive to ensure inter agency collaboration in the
prosecution of FGM/C cases.
Particulars: On12th of April 2014 at XXXX Location at KMQ area within Kajiado
County performed the act of female genital mutilation on one
XXXX occasioning severe bleeding that resulted in the death of the
said XXXX
Section 20
Offence:
Particulars: On 2nd April 2014 at XYZ within NBR county took XXXXX to Mbale
District within the Republic of Uganda with the intention of having
her subjected to FGM.
Section 22
Offence:
Particulars: XXXX On 16th April 2014 at Olobel Village allowed the premises for
which he was in control namely Boma to be used for purposes of
performance of Female Genital Mutilation on XXXX all minors in his
care and custody.
Section 23
Offence:
Particulars: XXXX: On the 16th April 2014 at Olobel Village within Kajiado County
was found in possession of tools namely surgical/ razor blade and a
pair of gloves that were used to perform the act of female genital
mutilation on one XXXX a minor aged 14 years
10
Section 24
Offence:
Particulars: XXXX: On 16th April 2014 at Olobel Village within Kajiado County
while being fully aware that an offence of female genital mutilation
was being committed failed to report to the police or any other law
enforcement agency being the senior chief of the said area.
Section 25
Offence:
Particulars: On the XXXX day of April 2014 at MVX area within Narok County
did abuse one SXSXS by calling her egesagane which was meant
to redicule, embarrass and harm the said JVCR for having not
undergone FGM.
Particulars: 1.XXXXX 2. XXXXX and 3. XXXX: On the 16th day of April at about
0600hrs at Olbel Village within Kajiado County, willfully and
unlawfully being parents to XXXX a child aged 14 years, subjected
the said XXXX to female genital mutilation.
Particulars: XXXX:On the 16th April 2014 at Olobel Village within Kajiado County
did grievous harm to XXXX a minor aged 14 years thereby causing
actual bodily harm.
11
12
13