Date Posted: 12/10/2012 5:55:49 AM
Posted By: Macawear88 Membership Level: Silver Total Points: 163
The Kenyan judicial system is one of an adversarial system. This is a system where the court or the magistrate has a passive role of listening to what both parties hold and finally make a decision based on the same. In such a system, the court cannot invite itself and give any orders which a party had not prayed for. In terms of requesting what one wants, the buck stops with the disputants.The court is normally tasked with the duty of achieving justice. Note carefully that the word here is justice and not truth. The courts are presided by judicial officers who lack any angelic powers to know who is telling the truth. Justice is based on fairness and equity in the eyes of the law. It is based upon the evidence that is present.There are different form of producing evidence. The most common one is that of producing witnesses. Witnesses are supposed to testify on what they experienced first hand. This means what they saw, felt, heard or smelled. It is unacceptable for a witness to testify on what she has been told unless the person who relayed that information is a party to the suit. Another way of delivery evidence is through affidavit. Basically, an affidavit is a legally sworn statement. With this kind of evidence, the person giving such testimony does not have to appear in court. Any falsehood on an affidavit amounts to perjury.Upon hearing and questioning the other parties evidence the court allows the parties to file their submissions. Submissions are briefs of all the parties arguments and case. In other words, submissions are closing arguments. They summarize the parties argument and reasoning. It is out of these that the courts shall then deliver judgments.
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