This archive report was first published on 23 October 2019.
On October 23, 2019, the Kenyan judiciary shared the process of filing a criminal case in Kenya, which we will break down for you below.
For many Kenyans, navigating the legal system can be daunting, especially when it comes to filing a criminal case. However, with the right information, you can take the first step towards seeking justice.
According to the Kenyan judiciary, the process begins with reporting to the nearest police station. Your complaint will be recorded in the occurrence book, and you will be given a reference number for investigation purposes.
The police may then record statements from you and your witnesses and draft a charge. If they are satisfied that a crime may have been committed, they will arrest the accused person and may detain them or release them on reasonable bond terms pending further action.
They will then forward the file to the prosecution counsel, who will decide whether to file the matter in court or not, depending on the evidence.
As a surety or guarantor, you must either be related to the accused person or know them very well. You will need to prepare your identification documents and security documents, such as a payslip or title deed, for presentation to court.
Defending yourself in court can be done in person or through an advocate. To obtain proceedings, you can make an oral application in open court or through writing in the court registry.
Remember, seeking justice is a right, and with the right information, you can take the first step towards achieving it.
