From the first phone call to judgment, a criminal case follows a defined path. Understanding the stages helps an accused person and their family make calmer, better-informed decisions at each one.
What are the stages of a criminal case in Kenya?
- Investigation , police record statements, collect evidence, and may conduct searches or request records.
- Arrest or summons , depending on the offence and the circumstances of the person involved.
- Charge and plea , the charge is read, and a plea is taken in a language the accused understands.
- Pre-trial , disclosure, bail or bond, and procedural applications are dealt with.
- Trial , prosecution witnesses testify and are cross-examined; the court then rules whether the accused has a case to answer.
- Defence case , if there is a case to answer, the accused may testify and call witnesses, though the burden stays on the prosecution.
- Judgment and sentence , or acquittal if the charge is not proved.
- Appeal , within the periods set by the Criminal Procedure Code.
Who decides whether to prosecute?
The Constitution vests the power to institute and undertake criminal proceedings in the Director of Public Prosecutions, exercised independently and after consideration of the investigation file. Not every investigation results in a charge; not every charge proceeds to conviction.
What does a defence lawyer actually do?
A defence advocate protects the accused’s rights at every stage, tests the prosecution’s evidence in cross-examination, advises on instructions and on plea, manages bail and bond, and presents the defence case where there is one to present. No advocate can promise a particular verdict , and none should. What a client is entitled to expect is diligent preparation, honest advice on the strengths and weaknesses of the case, and a defence conducted to professional standards. The work also includes the unglamorous parts: visiting clients in custody, pursuing disclosure, and preparing the accused for what each hearing will involve, so that decisions are made calmly rather than under pressure in the corridor. Our practice areas page describes this work, and the about page introduces the team. Prosecutions are conducted by the Office of the Director of Public Prosecutions, and case listings are published by the Judiciary.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.