Criminal Defense
Criminal defense refers to the legal strategies and arguments used to defend a person accused of committing a crime. The goal is to prove their innocence, reduce their punishment, or ensure a fair trial.
Since Small Claims Court in Kenya only handles civil cases, criminal cases (like theft, assault, or fraud) are handled in criminal courts under a different legal process. Its process is:
Arrest and Charges
- The police arrest the suspect if they believe a crime has been committed.
- The suspect is taken to a police station, where charges may be filed.
Arraignment in Court
- The suspect appears before a Magistrate or Judge within 24 hours.
- The charges are read out, and the accused can plead guilty or not guilty.
Bail Hearing
- The court may grant bail (release the accused while the case continues) or deny bail if the accused is a flight risk.
Pre-Trial and Evidence Exchange
- Both the prosecution and defense prepare their cases.
- The defense lawyer reviews police evidence and may file legal motions (e.g., to dismiss weak charges).
Trial
- The prosecution presents evidence and witnesses first.
- The defense cross-examines witnesses and presents its own evidence.
- The accused can choose to testify or remain silent.
Judgment
- The court decides if the accused is guilty or not guilty based on the evidence.
Sentencing or Acquittal
- If guilty, the judge gives a sentence (fine, jail term, or community service).
- If not guilty, the accused is set free.
Listen to Criminal Defense Episodes on Swala Nyeti
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