1. 1 The challenges of studying crime and criminal Justice in East Africa: Assessing criminal Justice from the perspective of the “Legally challenged”

2. 2 Introduction Principles and rationale of the existing system of criminal justice in East Africa

3. 3 Structure of the paper Difficulty of studying criminal justice system in relation to the conceptualisation of crime, availability of information, compatibility of systems of law, efficiency and effectiveness, enforcement and access to criminal justice in Kenya, Uganda and Tanzania.

4. 4 Conceptualisation of Crime Effect on crime detection and reporting Concept of “official” or “semi-official” commitment of crime

5. 5 Availability of Information Presupposition of accurate, reliable data readily available for comparison. Reality of data that is desperate, not collected regularly and is multi – sourced. No proper system of recording prosecution statistics, poor recording of court processes

6. 6 Comparability of Variables Non comparability of most prison population rates, based on estimates which “should not be regarded as precise” (Walmsley, 2009: 1). Difference in practices from one context to another with regards to a similar variable or function in the process of executing criminal justice

7. 7 Compatibility of Systems of Law Illusiveness of dichotomy of legal systems; they “glide into each other and there are wide variations within each system”

8. 8 Efficiency and effectiveness of Criminal Justice Difficulty of assessing the effectiveness and efficiency of such a frail and quasi dysfunctional system may prove to be an uphill task.

9. 9 Formal and Informal Enforcement of the Law Distinction between what is “formal” and “informal”; what is what is “recognized, authorised and permitted by law”.

10. 10 Access to criminal Justice Difficulty to ascertain how adequately the constitutional right of providing access to justice through an independent and an impartial judiciary is being fulfilled under the current situation of an overstrained system of criminal justice

11. 11 Access for children Definitional issues of ‘child or children’. Conformity with the legal provisions for a special procedure for juveniles in the conflict with the law, from the time of arrest to the trial and sentencing. The protection of children where the existing laws have not been effectively put in action.

12. 12 Access for women Respect of provisions for protection according to the existing laws - women.

13. 13 Access for detainees and prisoners Detainees and prisoners - another marginalised group with regards to access to standard UN rules for the treatment of prisoners Specific conditions for juveniles and women

14. 14 Access for people living in conflict and Post-conflict zones Regions declared under a ‘state of insurgency’, legal system grossly inadequate. Assess access to criminal justice in such areas of conflict and post- conflict conditions because in reality the people in these areas have not been serviced adequately by legal service for a very long time.

15. 15 Access to the language of law Challenge in accessing criminal justice especially to the poor and vulnerable in language and medium they can understand.

16. 16 Colonial heritage from the English common law, adjusted to take into account the customary and Islamic systems of law. Operation in the region complicated. Study research methods that will clarify blurred concepts and overlaps, specifically target filling in information gaps and capture subtleties that currently impend comparability at the regional level. Conclusion

17. 17 In order to gauge effectiveness and effectiveness of the criminal justice system comprehensively, need to go beyond the mere identification of inadequacies and include all stake holders’ interventions in reducing criminality.

18. Examining the degree of access to the system of criminal justice in East Africa is rendered difficult due to the lack of access to this system for many disadvantaged social groups- children, women, detainees and prisoners, persons living in conflict and post-conflict zone. 18