EFFECTS OF PROCEDURAL JUSTICE REFORMS ON SATISFACTION OF VULNERABLE VICTIMS, A STUDY OF KAKAMEGA LAW COURTS, KENYA

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Abstract

The promulgation of the Kenyan Constitution in 2010 and the enactment of the Victim Protection Act in 2014 significantly advanced the status of victims of crime within the Kenyan criminal justice system. The victim is no longer treated as a bystander but as a potentially active participant in the criminal justice system; however, this status of the victim has not been fully realized. This study assessed the effects of procedural justice reforms on satisfaction of vulnerable victims at Kakamega law courts, Kenya. The study was guided by the following objectives; to examine the nature of procedural needs of vulnerable victims, to determine procedural correlates of satisfaction of vulnerable victims with the criminal justice system, and to assess the challenges and opportunities in enhancing satisfaction of vulnerable victims in Kakamega Law Courts. Procedural justice theory by Thibaut and Walker (1975) and feminist theory by Engles (1884 informed the study. Descriptive cross-sectional research design was adopted. The study target 379 victims of sexual and gender-based violence. Yamane’s formula was used to arrive at a sample size of 199. Additionally, 15 key informants were purposively sampled. Both qualitative and quantitative data were collected from the study. Thematic analysis was used for analyzing qualitative data while quantitative data was analyzed using both inferential and descriptive statistics. The validity of the study questionnaire was ascertained using Content Validity Index where feedback informed the refinement of the questionnaire. The reliability of instruments was established using the test-retest method, where Cronbach’s Alpha coefficient of reliability was computed. Findings revealed a statistically significant relationship between meeting the needs of vulnerable victims and satisfaction with the criminal justice system (r=0.623; p=0.000). The study also revealed a statistically significant relationship between factors responsible for satisfaction where; demographic characteristics; age, gender, marital status and level of education and procedural factors; prompt arrest, police treatment, efficiency and informed participation correlate to satisfaction (r=0.483; p=0.000). The study found that a gap exists between policy and practice that hinder vulnerable victim satisfaction with the criminal justice system. The study concludes that meeting vulnerable victim’s needs, adhering to procedural factors, bridling certain barriers and full implementation of the Victim Protection Act of 2014 can enhance victim experiences in the criminal justice system. The study, recommends that, there is need to embrace a victim-centric approach that prioritizes the needs of vulnerable victims by ensuring they are safe, supported and empowered. The criminal justice should adopt procedural justice practice that captures the treatment of victims, promptness, efficiency, non-blaming attitudes as well as allowing victims tell their stories for the criminal justice system to fully realize the Victim Protection Act of 2014. The study further recommends that there is need for partnerships with civil society organizations that has played a role in responding to the needs where government services failed to meet their expectations. The study findings can be adopted by policymakers to enhance satisfaction of vulnerable victims within the criminal justice system.
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