Criminal law in Kenya

Kenyan criminal law identifies conduct that the state treats as an offence. Offences range from harm to people and property to fraud, corruption, public-order violations, and other conduct prohibited by law. A criminal case may begin with a report, police observation, or another lawful investigation. Investigators can interview people, collect physical or digital evidence, and use authorized search, seizure, or arrest powers. An arrested person retains constitutional protections. These include being told the reason for arrest, remaining silent, communicating with an advocate or another suitable person, being treated humanely, and being brought before a court through the lawful process. Police bond and court bail concern temporary release while a case continues. Release may carry conditions designed to secure attendance, protect witnesses, preserve evidence, and manage other genuine risks. The Office of the Director of Public Prosecutions conducts public prosecutions independently under the law. In court, the charge must identify the alleged offence, and the accused person enters a plea. The prosecution bears the burden of proving guilt to the criminal standard. The accused is presumed innocent, may challenge prosecution evidence, present a defence, and use an advocate, subject to the applicable procedure. If guilt is established by a plea or trial, the court selects a lawful sentence after considering relevant circumstances. Possible outcomes depend on the offence and may include a non-custodial measure, compensation-related order, fine, supervision, or imprisonment. Reviews and appeals allow certain decisions to be examined by a higher court. Victims may report offences, receive information, seek protection, participate as permitted, and pursue compensation or related civil remedies where available.