Challenges facing victims of crime during the trial process in Nakuru court of law, Nakuru town, Kenya

Abstract

The impact of crime on the people affected by it can be profound. Victims may suffer from physical, mental or psychological, emotional and financial harm, from which some may never recover. Injuries may be threatened or inflicted upon victims, witnesses or their families, and threats may even be made against lives. Victims of crime ought to enjoy rights and privileges envisaged by The Constitution, 2010 and other written statutes. The broad objective of the study is to investigate the challenges facing crime victims on litigation in Nakuru Law Courts. Specifically the study sought to; establish the socio-economic characteristics victims of crime victims in Nakuru law courts, to examine the perception of crime victims towards the criminal justice system, to assess the level of understanding of the criminal justice process by crime victims in Nakuru law courts. The study was guided by lifestyle theory and deviant place theory. The study employed descriptive survey research design. The study population was the victims of crime whose cases have been in court for the last five years that is 301. From the total study population, a sample of 103 was obtained through multi stage sampling. Purposive sampling was used to select one prosecutor in each of the 12 magistrate courts for interview. Quantitative data obtained was analyzed using percentages, frequencies, means, charts and graphs using SPSS while qualitative data collected through interviews was analyzed thematically. The results of the study shows that the females were more susceptible to crimes than males and that the majority who were most affected were between ages 41-50 years. Those who would not wish to go back to the court were much higher compared to those respondents who would wish to go back to the court should they be victims again. The study also revealed that the majority of the public lack proper understanding of the criminal justice system. Those who never understood the process of filing a case was greater compared to those who had knowledge of the process. The findings of the study informs both the National and County government on the need to periodically hold awareness campaigns with a bid to sensitizing the public on how to follow the due process of the law commencing from filing a case until the trial period is over and the importance of judiciary holding open days to allow the members of public to understand their operations. It also informs the government on the need to effect proper reforms in the judiciary as many of the crime victims had no faith in them since many rated the performance of magistrates as poor. By extension, it also informs the government on the need to facilitate police reforms so as to help concretize public confidence towards the police which is currently missing.