How To File A Criminal Case In Kenya

by Wakili Liam

David Kenani Maraga, Chief Justice and President of the Supreme Court of Kenya

Most Kenyans don’t know where to go when it comes to filing a case let alone a criminal case. Don’t worry Mahakamani News will be teaching you these and alot of things concerning the Kenyan law.

Below is the process of filing a criminal case in Kenya as shared by the Kenyan judiciary.

How to file a criminal case

1. First. please report to the nearest police station.

2. Your complaint will be recorded in the occurrence book and you will be given a reference number for investigation purposes.

3. The police may record statements from you and from your witnesses and draft a charge.

4. If the Police are satisfied that a crime may have been committed, they will arrest the accused person and may detain him or release him 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.

How does one become a surety/guarantor?

First, you must either be related to the accused person or you must know ther very well.

Secondly, prepare your identification documents for presentation to court (Originals and copies)

Thirdly, prepare your security documents (Payslip for the employed or title deed accompanied by current Certificate of Official Search and respective receipt from the lands registry and valuation report fram a licensed Vahser)

How do you defend yourself?

You can defend yourself in person or through an advocate.

How does one obtain proceedings?

1. Make an oral application in open court or through writing in the court registry

2. The court will make an order and the proceedings will be prepared and assessed for fees

3. Pay the required fees

Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via



You may also like