Criminal Litigation
Lawyers in Kenya

Yes, but it is more difficult. Under Article 49(1)(h) of the Constitution, every arrested person has the right to be released on bail or bond on reasonable conditions — unless there are compelling reasons not to grant bail. For non-capital offences, bail is a right and the court must grant it unless compelling reasons are shown. For capital offences (murder, robbery with violence, treason), bail is at the court's discretion under Section 123 of the Criminal Procedure Code. The High Court has inherent jurisdiction to grant bail even in capital cases where the accused demonstrates: no flight risk, no interference with witnesses, the case may take long to conclude, and the accused has strong community ties. We have successfully secured bail in capital cases and we prepare detailed, evidence-backed applications.

The Magistrate's Court handles less serious criminal offences — generally those carrying sentences of up to 14 years imprisonment (depending on the magistrate's class). Most criminal cases in Kenya — theft, assault, fraud, drug possession, traffic offences — are tried in Magistrate's Courts. The High Court has unlimited criminal jurisdiction and exclusively tries the most serious offences — murder, treason, robbery with violence and certain offences carrying the death penalty. The High Court also hears criminal appeals from Magistrate's Courts and constitutional petitions challenging criminal proceedings. We appear in both courts and handle cases across all levels of the Kenyan judiciary.

A plea bargain is a negotiated agreement between the accused and the prosecution — introduced in Kenya under Sections 137A–137O of the Criminal Procedure Code. The accused agrees to plead guilty to a lesser charge (or fewer counts) in exchange for a reduced sentence or the dropping of other charges. Plea bargaining can be advantageous where the prosecution's evidence is strong, the potential sentence at trial is severe and a negotiated outcome offers certainty and a significantly lighter penalty. However, it involves waiving your right to a full trial. We never recommend a plea bargain without thoroughly assessing the prosecution's case — and we negotiate from a position of strength, not weakness.

Yes. If convicted in a Magistrate's Court, you have an automatic right of appeal to the High Court — both against conviction and sentence. If convicted in the High Court, you can appeal to the Court of Appeal. In exceptional circumstances, a further appeal can be made to the Supreme Court on constitutional matters. You must file a notice of appeal within 14 days of the conviction (extendable with leave). Grounds of appeal can include: errors of law, wrongful admission or exclusion of evidence, misdirection of the trial court, verdict being against the weight of evidence and excessive or unlawful sentencing. We also pursue revision proceedings, habeas corpus applications and constitutional petitions where appropriate.

Under the Constitution of Kenya 2010 and the National Police Service Act: (1) you have the right to be informed of the reason for any police action against you; (2) you have the right to remain silent and cannot be compelled to make any confession or admission; (3) you have the right to have your advocate present during questioning; (4) you cannot be subjected to torture, cruel, inhuman or degrading treatment; (5) your premises cannot be searched without a valid search warrant (except in limited circumstances); (6) any property seized must be documented and receipted; (7) the police must record interviews and your statement must be voluntary. If the police violate any of these rights, the evidence obtained may be inadmissible in court — and you may have grounds for a constitutional damages claim against the State.