From arrest to acquittal, we explain Kenya's criminal justice process in plain language so you know what to expect at every stage.
Being arrested or charged with a criminal offence is frightening. Understanding the process can help you make informed decisions and protect your rights.
Stage 1: Arrest
A police officer may arrest you with or without a warrant. Upon arrest, you have the right to: - Be told the reason for your arrest. - Remain silent (you cannot be compelled to incriminate yourself). - Communicate with a lawyer immediately. - Be released on bond within 24 hours or be brought before a court.
Stage 2: Charge and Plea
You will appear in the magistrates' court or High Court (depending on the offence) where the charges will be read to you. You enter a plea of guilty or not guilty.
Stage 3: Bail/Bond Hearing
For most offences, you are entitled to bail. The court considers the nature of the offence, your criminal record, the risk of flight, and public interest.
Stage 4: Trial
The prosecution presents its case first. Your lawyer then has the right to cross-examine witnesses and call defence witnesses.
Stage 5: Verdict and Sentencing
If acquitted, you are released. If convicted, the court hears mitigation before sentencing.
Stage 6: Appeal
You have the right to appeal to the High Court (from magistrates' courts) or the Court of Appeal (from the High Court) within 30 days of conviction.
Disclaimer: This article provides general legal information only and does not constitute legal advice. For specific matters, consult a qualified advocate.