When a theft, a fraud or an assault is committed against you, the criminal process begins with a report , yet what happens between that report and a prosecution is often unclear to the very people the system is acting for. Understanding the sequence helps a complainant follow the case, support it properly, and know when it is fair to press for progress.
How is a crime reported in Kenya?
A report is made at a police station, where it is recorded in the station’s occurrence book and a reference number is issued , the number matters, because every follow-up turns on it. The complainant then records a statement, in their own words, with an investigating officer. Businesses reporting incidents such as theft or fraud by employees or outsiders should preserve their internal records at the same time: CCTV, correspondence, invoices and system logs degrade or disappear quickly, and they are the raw material of any later prosecution.
What does the investigation involve?
- statements from the complainant and the identified witnesses;
- collection of exhibits , documents, devices, CCTV footage and physical items;
- expert or forensic processes where the nature of the offence calls for them;
- compilation of the investigation file and its onward submission.
Who decides whether to prosecute?
The decision to prosecute rests with the Director of Public Prosecutions, an independent office established under the Constitution of Kenya 2010. The complainant does not control the decision , and, importantly, an accused person is presumed innocent until a court determines the charges. What a complainant can properly do is keep their contact details current, respond to requests for clarification promptly, and make inquiries about the file’s progress when it appears to stall.
What is the complainant’s role once charges are filed?
The complainant is usually a witness for the prosecution and will be summoned to give evidence when the case comes up for hearing. Beyond that, the role is practical: attend when summoned, bring the documents asked for, and flag any change of address. Where money or property was lost, the criminal case determines guilt, but recovering the loss may require parallel civil proceedings , a point worth taking advice on early rather than at the end of the criminal matter.
CS Advocates LLP advises individuals and businesses on reporting incidents, supporting investigations and the recoveries that follow; our governance and advisory practice helps businesses strengthen internal controls after an incident, and our practice areas page describes the full service. The Penal Code and related legislation are available on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.