Criminal Law

Defence from investigation to appeal

Facing criminal charges is one of life's most serious challenges. We stand firmly beside our clients, offering skilled advocacy, strategic defence, and unwavering commitment to justice and fair process.

Criminal Law: Kamuri Gachoki & Co-Advocates, Kangema

Your rights matter from the first moment

Being arrested, summoned for questioning or charged with an offence is frightening, and what happens in the first hours can shape the rest of the case. The Constitution protects every person who is arrested: you have the right to remain silent, to be told the reason for your arrest, to communicate with an advocate and with family, to be treated humanely, and to be brought before a court within twenty-four hours. Our criminal law advocates make sure those rights are respected and give firm, calm representation at every stage, from investigation to trial and appeal.

Criminal cases in Kenya are governed by the Penal Code, the Criminal Procedure Code, the Evidence Act and many specific statutes. The prosecution must prove its case beyond reasonable doubt, and an accused person is presumed innocent until proven guilty.

Investigation, arrest and bail

If the police have called you in for questioning or you know you are under investigation, speak to an advocate before you give a statement. We can accompany you, advise on what you should and should not say, and challenge any unlawful detention. If you or a family member has been arrested, we will contact the police station, ensure the person is treated lawfully and begin the process of securing release.

The Constitution gives an arrested person the right to be released on bond or bail on reasonable terms unless there are compelling reasons not to do so. We prepare and argue bail and bond applications, presenting your ties to the community, your fixed residence, your employment and any other factors that show you will attend court. Where the court sets conditions, we explain them and help you comply.

Trial: building a defence

A defence is built on careful analysis of the charge, the evidence and the law. We study the charge sheet and the prosecution's evidence, take your detailed account, identify witnesses and documents that support your case, and look for weaknesses such as unlawful search or arrest, unreliable identification, inconsistent testimony or evidence that does not meet the legal standard. Where appropriate, we negotiate with the prosecution on the charge, or raise preliminary objections that may end the case early.

At trial we cross-examine prosecution witnesses, present defence evidence and make submissions on the facts and the law. We explain each step so you know what to expect, and we prepare you carefully if you are to give evidence. Throughout, we protect your dignity and privacy as far as the law allows.

Sentencing, appeals and other offences

If a conviction is entered, we make submissions on sentence, presenting mitigating factors so that the court has a full picture of the person. Where there are grounds, we advise on appeal against conviction or sentence and prepare the record and arguments for the higher court. We also assist with related matters such as applications for review of unlawful decisions.

We represent individuals and business people in a broad range of offences, including offences against the person, property and economic offences, traffic and road matters, and regulatory cases. If you or someone close to you has been arrested, summoned or charged, call us immediately. Time is critical, and early advice can protect your rights and your freedom.

At a glance: what we handle

  • Representation during investigation
  • Bail applications
  • Trial
  • Appeals