A Conceptual Analysis of an Accused Persons’ Right to Reasonable Access to Victim Impact Statements under Kenya’s Victim Protection Act No. 17 of 2014.

This paper acknowledges the progressive efforts under the Constitution of Kenya, 2010, statutes and jurisprudence on the rights of accused persons vis-àvis victim rights under Kenya’s criminal justice system. It conceptualizes the place, scope, and evidentiary weight of victim impact statements by arguing that VISs have evidentiary value especially during court sentencing. Secondly, the paper evaluates what “reasonable access” means in a criminal justice system and whether the discretion of the Court under section 329C(4) of the Kenyan Criminal Procedure Code is constitutional, equitable and promotes access to justice. Thirdly, whereas discretion is a fundamental element of judicial independence, further conceptual and theoretical studies on access to justice are necessary in understanding the intersectionality of different variables under Kenya’s criminal justice system, the need for progressive development of the law. Lastly, this paper contributes to the body of knowledge on the intersectionalities under criminal justice systems. [ABSTRACT FROM AUTHOR]