SIMPLIFIED CRIMINAL PROCESS IN KENYA

 


KENYAN CRIMINAL COURT PROCESS SUMMARY

When most people get arrested, it’s a moment of confusion and anxiety, let me brief you on the criminal process in Kenya. It all begins with being arrested and my best advice is to never resist arrest, this will prevent any injuries being inflicted on yourself. In case of any police brutality make sure you make a report to IPOA (Independent Police Oversight Authority).

After Arrest you will be taken to the police station and get booked in the Occurrence book (OB), they will also take your fingerprints and then put you in the cells. Everyone has a right to bail or bond as per Article 49 of the Constitution of Kenya/Section 123 Criminal Procedure Code. It is simply an agreement with the police/court to avail yourself to attend court on a specific date. The Commanding Officer of the station is the only one entitled to issue bail/bond.

You are to be presented to court within 24hrs not unless it is on a weekend. The prosecutor prepares the charge sheet with various witness statements. The charge sheet is read out to you to in court to confirm whether you plead guilty or not guilty. If denied bail/bond by police, during plea taking you inform the court you are requesting to be released on a reasonable bail/bond terms. The Court will consider the severity of the offence.

If you plead guilty the court will read the facts and proceed to sentencing NB: You cannot appeal to plea of guilty, you can only appeal to whether the sentence was appropriate or not. If you plead not guilty, the case will proceed for hearing. Before the hearing happens one ought to have been provided with all the necessary documents [Charge Sheets, witness statements, Investigation diary, Covering report, exhibits, and pictures] that the prosecution will be relying on. It is your right to inform the courts you have not been provided for with all the necessary documents for your defense.

During trial the prosecutor will call all the witnesses including the Investigating officer, prosecution closes their case. The court will make a decision whether they have established you have a case to answer. At this point you are given a chance to argue before the court on lack of evidence, it should be proved beyond a reasonable doubt.

If the courts establish you have a case to answer, you will call your witnesses to be cross examined by prosecution. If there is no case to answer you will be acquitted of all the charges. If the court determines you are guilty beyond reasonable doubt a date will be set for mitigation. Mitigation is convincing the court on why you need a lesser sentence. Sentencing will then follow.

While it is possible to handle some legal matters on your own, complex cases or situations with significant legal implications often require the expertise and representation of an advocate of the High Court in Kenya to ensure the best possible outcome.

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