Preparation and Contents of the Police/Prosecution File in Kenya

The preparation and compilation of police files play a crucial role in the criminal justice system, providing the foundation for legal proceedings. Governed by The Force Standing Orders, the police file consists of various documents and records meticulously organized to present a comprehensive case.

In this article, we delve into the essential components of a police/prosecution file, each serving a unique purpose in ensuring a fair and just legal process.

Custody Record

The custody record is the starting point of the police file, detailing the circumstances surrounding the suspect’s arrest, location, time, and date. It includes the suspect’s personal details, rights read upon detention, and any interpreter involvement. Reports of the offense, subsequent reports, or amendments are marked for clarity, enhancing referencing during investigations.

Sketch Plans and Documentary Exhibits

This section involves photographs, sketches, plans, and other materials related to the crime scene, marked for identification. Proper labeling and mounting on foolscaps or placement in envelopes ensure organized documentation.

Expert Reports

Copies of reports from various experts, such as post-mortem, ballistic, fingerprint, and handwriting experts, are included in this section. The technical language of medical reports is supported by a statement from the expert, simplifying comprehension.

Statements of Prosecution Witnesses

This segment encompasses statements from the complainant, arresting officer, investigation officer, expert witnesses, and material witnesses. Each statement is detailed, indicating the date, time, place, and language used, with the witness endorsing corrections if needed. Copies of all other prosecution witnesses, including identification parade evidence, follow.

Charge and Cautionary Statements

This section involves the charge sheet, cautionary statements, and statements under inquiry from the accused persons. Amendments to the charge sheet during the trial are accommodated in this sub-file.

Investigation Diaries

Detailed diaries from all investigating officers are maintained, documenting times, dates, places visited, and actions taken during the investigation.

Copies of Charge Sheet and Related Documents

Upon completion of investigations, the charge sheet and related documents are placed in this sub-file, allowing for amendments or substitutions as per legal provisions.

Lists of Witnesses, Exhibits, and Property

This section includes lists of witnesses, exhibits, prisoner’s and accused’s property, and previous criminal records, providing a comprehensive overview.

Covering Report

Prepared by the investigating officer, the covering report outlines the prosecution case, cross-referencing relevant witness statements and exhibits for quick reference.

Correspondence or Minute Sheet

A correspondence sub-file is kept for communication between police personnel, including requests for advice, instructions, commendatory remarks, and other matters of interest related to the case.

Conclusion

The meticulous organization of a police/prosecution file ensures clarity, accuracy, and adherence to legal procedures, laying the groundwork for a fair and transparent legal process. As laws evolve, it is essential for law enforcement agencies to stay updated and compliant with relevant statutes governing the preparation and contents of these critical files.