Overview

Taking Kenya as a case study, this book examines the application of criminal procedure in the context of persons with psychosocial disabilities. It discusses how the right to participation of persons with psychosocial disabilities who have been declared unfit can be best protected during and after the criminal process in Africa and at the international level. In doing so, it hypothesises that the social model of disability is inadequate to respond to violations against the right to participation of persons with psychosocial disabilities in the criminal justice system and thus the need for other normative frameworks such as Foucauldian and decolonial theories. It recommends that legislative enactment and reform are imperative not only to promote participation in access to justice but also to remove the barriers inhibiting the legal capacity of persons with psychosocial disabilities. The study will encourage intercontinental dialogue on disability, unfitness declarations, and participation policy analysis, while also contributing to theory and legal development. The book will be of interest to academics, researchers, and policy-makers working in the areas of criminal procedure, disability studies, and international human rights law.

Full Product Details

9781041088165

Table of Contents

Reviews

'Juma’s book shines a light on the shockingly underexamined implications of the Convention on the Rights of Persons with Disabilities for criminal law, particularly the doctrine of unfitness to stand law. That he does so with an eye to Kenya and similar middle-income contexts – drawing on postcolonial and Foucauldian theory in the process – makes this book groundbreaking on multiple fronts.' Piers Gooding, La Trobe University, Australia

Author Information

Paul Ochieng Juma is Lecturer in Law and Director, Center for Legal Aid and Clinical Legal Education, Kabarak University, Kenya.

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