INSIGHTS

Companies Set to Enjoy the Benefits Due to a Natural Person Under the Victim Protection Act

When the Victim Protection Act (the Act) came into force in 2015, it was hailed as a landmark legislation intended to provide adequate safeguards and remedies for individuals who fell prey to perpetrators of unscrupulous criminal offenses.

Introduction

Background

When the Victim Protection Act (the Act) came into force in 2015, it was hailed as a landmark legislation intended to provide adequate safeguards and remedies for individuals who fell prey to perpetrators of unscrupulous criminal offenses. It, however, became evident in its application that companies and other juristic persons would be unable to tap the Act’s benefits as it only recognized natural person’s as victims.

Consequence

As a result, companies could not personally or through their representatives, actively participate in legal proceedings where they were the complainants and could only hope for cooperative prosecutors who addressed all their concerns during criminal proceedings. Courts went as far barring counsels for companies from examining crucial witnesses or raising legal issues where indifferent prosecutors failed to exercise judicious devotion. Furthermore, the Act flagrantly violated the constitutional rights of legal persons by only according natural persons the right to restitution and compensation. This meant that, despite being victimized and incurring the expense of procuring legal representation, companies and other juristic persons would have to institute lengthy and costly separate civil proceedings as the only means of recouping their losses.

Key Insights at a Glance

The High Court declared the definition of ‘victim’ under the Act unlawful for failing to offer rights and protections to all victims of criminal offenses including companies, associations or other individuals who are recognized as persons under the constitution
As a consequence of the Petitioner’s efforts, both natural and legal persons will be capable of appearing before criminal matters where they are complainants to present their submissions alongside their case appointed prosecutors.

Related Insights

INSIGHTS

Contrasting the Doctrine of Innocent Purchaser without notice & the Caveat Emptor Principle

READ INSIGHT
INSIGHTS

Increasing Appetite for Mergers and Acquisitions in Kenya’s Financial Sector

READ INSIGHT
INSIGHTS

Summary of Court Appeal Ruling and Impact on Taxes

READ INSIGHT