This is a step by step guide on how to file a case in court in Kenya. This article will mainly focus on how to file criminal and civil cases.
Filing of any type of application except on criminal matters at the High Court costs Kshs 1,500. Filing applications on criminal matters costs Kshs 500 at the High Court and Kshs 485 at the lower courts.
How to File a Criminal Case in Court
1. The first step is to report to the nearest police station to obtain an OB number.
2. Your complaint will be recorded in the occurrence book and you will be given a reference number for the purpose of investigation.
3. The police will or may record statements from you and your witnesses. After recording statements, the police will draft a charge.
4. If the police are satisfied that a crime has been committed, they will arrest the accused person and may detain him/her or release him/her on a reasonable bond pending further actions.
5. The police will forward the file to the prosecution counsel. The prosecution counsel will decide whether or not to file the matter in court depending on the evidence provided.
How to File a Civil Case in Court
1. The first step is to understand your course of action. That is, which part of the law you are relying on to sue the defendant or 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. You will then be directed to reduce your complaint into writing and draft it in the form of a plaint or originating summons or a petition.
4. Present the drafted complaint together with a signed supporting affidavit to a court registry that is near you.