Here is a step-by-step guide on how to file a case in court in Kenya, covering both criminal and civil cases:
How to File a Criminal Case in Court
- Report to the Police Station: Visit the nearest police station and report the incident. The officer will record your complaint in the Occurrence Book (OB) and provide an OB number for tracking.
- Provide Statements: The police will record statements from you and any witnesses. These statements form the basis of the complaint.
- Police Drafts a Charge: After gathering evidence, the police will draft a charge if they believe a crime has been committed.
- Arrest of the Accused: If necessary, the police will arrest the accused person and may either detain them or release them on bond as investigations continue.
- Prosecution Review: The police will forward the case file to the prosecution counsel, who will review the evidence. If the evidence is sufficient, the prosecution counsel will decide to take the matter to court.
- Filing Fees: Filing a criminal case at the High Court costs Kshs 500, while it costs Kshs 485 at lower courts.
How to File a Civil Case in Court
- Identify the Legal Basis for Your Case: Determine the specific part of the law that applies to your case and your reasons for suing the defendant (the person or entity you are suing).
- Consult an Advocate: Engage a licensed advocate to guide you through the legal process, draft necessary documents, and provide representation if needed.
- Prepare the Complaint: Your advocate will help you reduce your complaint into writing. The document may be drafted as a plaint, originating summons, or a petition, depending on the type of civil case.
- Submit Documents to the Court Registry: Present the completed documents, along with a signed supporting affidavit, to the court registry for processing.
- Filing Fees: Filing a civil application at the High Court costs Kshs 1,500.
This guide covers the basic steps required to initiate a criminal or civil case in Kenya’s legal system, with the help of an advocate ensuring that all legal documentation and protocols are correctly followed.
