Most people meet the criminal courts as witnesses rather than as accused persons or advocates. A witness’s evidence can matter enormously to a case, yet few witnesses are told what the day will look like. The sequence is straightforward once it is explained, and preparation makes the experience steadier for everyone , including the witness.
How is a witness called to court?
Attendance is secured by a witness summons, a court document that compels a person to attend on a stated date. Ignoring a summons can expose the witness to consequences, so the date should be diarised and any genuine difficulty , travel, illness, work , raised promptly with the registry or the investigating officer rather than dealt with by simply not appearing. Where the witness needs to bring documents, the summons or the officer’s request will say so.
What happens in the courtroom?
- the witness takes the oath or affirms;
- examination-in-chief , the side that called the witness asks questions first;
- cross-examination , the other side tests the evidence in questions of its own;
- re-examination, where something raised in cross-examination needs clarification;
- questions from the court itself, which the court may put at any stage.
How should a witness prepare?
By reviewing their own recollection , not by comparing notes with other witnesses, whose accounts should remain their own. In the box, the habits that serve witnesses well are simple: answer the question that was actually asked, speak in your own words, give dates and figures only where you are sure of them, and say that you do not remember rather than guess. Memory is treated as what it is, and an honest “I cannot recall” is respected.
What duties and protections apply?
A witness must tell the truth , false evidence given on oath is perjury, a serious offence in its own right. Vulnerable witnesses, including children, may give evidence with the assistance of special measures the court can direct. The witness’s role is to give truthful evidence about what they saw and heard, not to argue for a particular result; the accused person is presumed innocent, and the court , not the witnesses , decides the case.
CS Advocates LLP advises witnesses, complainants and accused persons on attendance, evidence and the criminal process; our practice areas page describes the work, and you can read more about the firm. The Evidence Act is 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.