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Criminal Procedure Code

329A. Interpretation

Edition: 2023-12-11 · In force

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329A. Interpretation

In this Part—"family victim", in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence;"member of the primary victim’s immediate family" means—(a)the victim’s spouse;(b)the victim’s de facto spouse, being a person who has cohabited with the victim for at least 2 years;(c)a parent, guardian or step-parent of the victim;(d)a child or step-child of the victim or some other child for whom the victim is the guardian; or(e)a brother, sister, step-brother or step-sister of the victim;"personal harm" means actual physical bodily harm, mental illness or nervous shock;"primary victim", in relation to an offence, means—(a)a person against whom the offence was committed;(b)a person who was a witness to the act of actual or threatened violence, the death or the infliction of the physical bodily harm concerned, being a person who has suffered personal harm as a direct result of the offence;"victim" means a primary victim or a family victim;"victim impact statement" means a statement containing particulars of—(a)in the case of a primary victim, any personal harm suffered by the victim as a direct result of the offence; or(b)in the case of a family victim, the impact of the primary victim’s death on the members of the primary victim’s immediate family.[Act No. 5 of 2003, s. 88.]
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Source: Kenya Law