STRATEGIES OF CONTROLLING THE LINGUISTIC RESPONSE FROM CROSS-EXAMINED WITNESSES: LAY DEFENDANTS AS CROSSEXAMINERS IN A KENYAN RESIDENT MAGISTRATE’S COURT1

Abstract

This paper analyzes strategies of controlling the linguistic responses of
prosecution witnesses that were employed by two accused persons in a
grievous-bodily-harm case involving family members at a magistrate’s court
in Kenya. The accused persons were ordinary rural women. The first one
was a middle aged woman while the second was a young lady in her
twenties. Prosecution witnesses, on the other hand, were two young
children aged 12 and 14. The study analysed audio–recorded court
proceedings lasting about 1¾ hours using a discourse analytic approach and
found that the range of controlling strategies used by the defendants
included aggressive questioning styles, the use of multiple questions,
formulaic questions, epistemological challenges and accusatory remarks
against the witnesses. Although the lay defendants demonstrated an
unusual level of awareness of cross-examination strategies, the paper
questions where they would have learnt such strategies and proposes
further research on this area.