A first appearance in court moves quickly, and many accused persons later say they did not fully understand what was happening. Knowing the sequence in advance makes the occasion less intimidating and helps you make sound decisions on the day.
What happens when a charge is read to you?
The charge is read out and explained in a language the accused understands, with interpretation where needed. The court satisfies itself that the accused understands the nature of the allegations, and then asks for a plea: guilty or not guilty.
What happens if you plead guilty?
The prosecution summarises the facts, and the accused is asked whether they admit them. Only if the plea and the admitted facts are unequivocal does the court enter a conviction, hear mitigation, and proceed to sentence. Because a guilty plea closes the question of guilt, it is a step that should only be taken on considered advice.
What happens if you plead not guilty?
The plea of not guilty is recorded, and the court addresses bail or bond, pre-trial directions, and a hearing date. The case then proceeds to trial, where the prosecution bears the burden of proving the charge, and the accused remains presumed innocent throughout.
Can a plea be changed later?
A plea of guilty recorded in error, or one sought to be withdrawn before sentence, is dealt with under the Criminal Procedure Code and the court’s case management powers , but the longer the delay, the harder the application becomes. This is another reason to have counsel at the first appearance.
What should you do before the hearing?
Meet your advocate beforehand, bring identification documents, and brief family members who may stand as sureties if bail is considered. If language is a difficulty, say so in advance so that interpretation can be arranged , no accused person should have to guess at the substance of a charge. The Judiciary publishes guidance on court processes at the Judiciary, and prosecutions are conducted by the Office of the Director of Public Prosecutions. Our practice areas page describes the defence representation we provide at every appearance.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.