Private Prosecutions in Kenya

Abstract In Kenya private prosecutions are governed by different laws. These are the Criminal Procedure Code, the Office of the Director of Public Prosecutions Act, the Constitution and case law developed by courts. The purpose of this article is to demonstrate how courts have invoked these laws to deal with the following issues that relate to private prosecutions: the right to institute a private prosecution, locus standi to institute a private prosecution, and measures in place to prevent or minimise the abuse of private prosecutions. The author recommends ways through which Kenyan legislation could be amended to strengthen the private prosecutions regime.