How to

How To:

File a case

For criminal cases,

  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.
  5. 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.

For civil cases,

  1. Understand your cause of action, that is, which part of the law you are relying on to sue the other person (defendant/respondent)
  2. Consult an advocate; that is a person who is a lawyer and who has in addition to that, been admitted to the roll of advocates and is licensed to practice for the current year.
  3. Reduce your complaint into writing and draft it the form of a plaint or originating summons or a petition.
  4. Present it together with a signed supporting affidavit to the court registry nearest to you.

Pay for bail/bond

  1. First peruse the court file to ascertain the terms ordered by the court
  2. Then ……

Become a surety/guarantor

  1. You must either be related to the accused person or you must know them very well.
  2. Prepare your identification documents for presentation to court (Originals and copies)
  3. 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 from a licensed Valuer)

Defend yourself

  1. Ask for information
  2. Seek clarification
  3. Ask questions
  4. Do not say anything that might be used against you
  5. Present evidence

Peruse a court file

  1. Make a request in the registry
  2. Pay the required fees

Obtain proceedings

  1. Make a written request 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

Certify an affidavit

  1. Visit the registry and have your affidavit assessed for fees

Report a concern

Call ……………………

Send an email to helpdesk@judiciary.go.ke

Scroll Up