search warrants must be given in advance

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Village Elder
#1
suspects now given ample time to hide their loot, no more surprise searches with warrants in hand but suspects must be told in advance they'll be searched , nobody will willingly give information that can be used against them.

#copy paste

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Court's verdict spells major shift in investigations
Kamau Muthoni 12th Jul 2019 00:00:00 GMT +0300

Ethics and Anti-Corruption Commission (EACC) CEO Twalib Abdallah Mbarak during his vetting before the National Assembly Committee on Justice and Legal Affairs. [File, Standard]

A court has outlawed secret warrants obtained by investigators to facilitate surprise access to bank accounts and searches in suspects’ premises.

Instead, investigators will be required to first notify a suspect about the information needed and give them time to comply. They will only resort to search warrants if the suspect does not cooperate.
This is the import of a landmark decision by the Court of Appeal, which brings an end to the practice of warrants being secretly issued to investigative bodies by lower courts in matters that touch on, say, corruption probes.
But critics have warned that the new directive undermines criminal investigations, citing the folly of asking a suspect to volunteer information that may be used against them. The element of surprise, they argue, is crucial for a successful investigation.
SEE ALSO :Samburu Governor Lenolkulal arrested

Appeal Court judges Roselyn Nambuye and Sankale ole Kantai decreed that in the event an investigative body wants to probe a person, it must first issue summons and give him or her a chance to furnish them with the required information before deciding whether to press charges or not.
 

Meria Mata

Elder Statesman
#6
suspects now given ample time to hide their loot, no more surprise searches with warrants in hand but suspects must be told in advance they'll be searched , nobody will willingly give information that can be used against them.

#copy paste

Home
Kenya
Nairobi
Court's verdict spells major shift in investigations
Kamau Muthoni 12th Jul 2019 00:00:00 GMT +0300

Ethics and Anti-Corruption Commission (EACC) CEO Twalib Abdallah Mbarak during his vetting before the National Assembly Committee on Justice and Legal Affairs. [File, Standard]

A court has outlawed secret warrants obtained by investigators to facilitate surprise access to bank accounts and searches in suspects’ premises.

Instead, investigators will be required to first notify a suspect about the information needed and give them time to comply. They will only resort to search warrants if the suspect does not cooperate.
This is the import of a landmark decision by the Court of Appeal, which brings an end to the practice of warrants being secretly issued to investigative bodies by lower courts in matters that touch on, say, corruption probes.
But critics have warned that the new directive undermines criminal investigations, citing the folly of asking a suspect to volunteer information that may be used against them. The element of surprise, they argue, is crucial for a successful investigation.
SEE ALSO :Samburu Governor Lenolkulal arrested

Appeal Court judges Roselyn Nambuye and Sankale ole Kantai decreed that in the event an investigative body wants to probe a person, it must first issue summons and give him or her a chance to furnish them with the required information before deciding whether to press charges or not.
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Mediocre

Village Elder
#8
That decision by the Court of Appeal is per incuriam. There is no legal requirement in the criminal procedure code for suspects to be told in advance they'll be searched! Of course the element of surprise, is crucial for a successful investigation!
Kama ile ya displaying suspects with the CID boards?
 

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