Criminal Defence

Criminal defence is the practice of protecting the rights, liberty, and reputation of individuals and entities accused of committing criminal offences. In Kenya, criminal law is governed by the Penal Code (Cap 63), the Criminal Procedure Code (Cap 75), the Evidence Act (Cap 80), and a growing body of specialised statutes — the Anti-Corruption and Economic Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act, the Computer Misuse and Cybercrimes Act, and the Sexual Offences Act, among others. The Constitution of Kenya, 2010 guarantees the right to a fair trial, the presumption of innocence, the right to bail, and the right to legal representation — rights that advocates assert at every stage of the criminal process.

Defence work begins at the earliest possible stage — often during police investigations. Advocates advise clients who have been called for questioning by the police, the Directorate of Criminal Investigations (DCI), or the Ethics and Anti-Corruption Commission (EACC), ensuring that their rights are respected, that they do not make self-incriminating statements, and that the investigation is conducted within the bounds of the law. Advocates attend police interviews with clients and monitor the conduct of searches, seizures, and arrests.

Bail and bond are among the most critical early interventions in any criminal case. Advocates prepare and argue bail applications before the Magistrates' Courts and the High Court, presenting sureties, demonstrating community ties, and addressing the prosecution's objections. Advocates also handle applications for variation of bail terms, release of passports, and relaxation of reporting conditions. In practice, pre-trial detention can be devastating — to employment, family life, and mental health — and they fight to secure clients' release at the earliest opportunity.

At trial, they provide full defence representation. Advocates review the prosecution evidence, identify weaknesses and inconsistencies, prepare cross-examination strategies, make submissions of no case to answer where appropriate, and deliver persuasive closing submissions. Advocates handle trials in the Magistrates' Courts for misdemeanours and most felonies, and in the High Court for capital offences. Trial work also involves expert evidence, the management of documentary exhibits, and the handling of electronic and digital evidence.

Advocates also handle appeals to the High Court and the Court of Appeal, identifying errors of law and fact in the trial court's judgment, and presenting fresh evidence where the interests of justice require. The work also covers post-conviction relief, including applications for sentence review and resentencing, particularly in the context of the Supreme Court's ruling on the mandatory death penalty in the Muruatetu case.

For corporate clients, they conduct internal investigations into allegations of fraud, corruption, and regulatory misconduct, and they advise on self-reporting obligations and the management of regulatory and law enforcement interactions. Advocates also handle matters before the EACC, the Kenya Revenue Authority's enforcement division, and the Office of the Director of Public Prosecutions (ODPP).