On this page · 4 sections
An arrest or an investigation can affect a person’s liberty, reputation and work within hours, so early advice matters. CS Advocates LLP represents accused persons, witnesses and businesses in criminal proceedings and regulatory investigations in the Nairobi courts, and advises families on what to do when someone is detained.
Led by Bruno Walela Situma, Partner. An advocate handles your matter and fees are agreed in writing before chargeable work begins.
Criminal liability in Kenya is set by the Penal Code and procedure by the Criminal Procedure Code, with the rights of arrested persons protected by Article 49 of the Constitution. Prosecutions are brought by the Office of the Director of Public Prosecutions, and cases are heard in magistrates’ courts or the High Court depending on the offence. The firm acts at every stage from the police station to appeal.
What we advise on
- Advice and attendance at arrest, detention, police interviews and the plea
- Bail and bond applications, sureties, and compliance with the conditions attached to release
- Trial defence, including cross-examination of prosecution witnesses, submissions and the defence case where there is one to present
- Fraud, forgery and economic crime allegations, and cases brought under the Anti-Corruption and Economic Crimes Act
- Money laundering allegations under POCAMLA and cybercrime allegations under the Computer Misuse and Cybercrimes Act
- Appeals and revision applications, including appeals from magistrates’ courts to the High Court
How a matter starts
- Send a short outline: the offence or investigation, the date and station involved, whether anyone has been charged, and the next court date if one has been fixed.
- The firm confirms that it can act, identifies the immediate steps needed on bail, attendance or disclosure and confirms the route for the matter.
- A written engagement letter sets out scope and fees, and chargeable work begins after it is signed. If a person is in custody, say so in the first message.
Questions clients ask
What rights does an arrested person have?
Article 49 of the Constitution gives an arrested person the right to be told promptly, in a language they understand, why they are being arrested, to remain silent, not to be compelled to make a confession and to communicate with an advocate. The person must be brought before a court as soon as reasonably possible, ordinarily within twenty four hours, or on the next court day where that period ends outside court hours. Release on bail or bond is the constitutional expectation unless there are compelling reasons.
What is the difference between police bail and court bail?
Police bail arises before a charge is taken to court, where the officer in charge of a station may release a detained person pending a charge or court appearance, and it is not available for every offence. After a plea, the court considers release pending trial. Bail is usually a cash security deposited with the court, while a bond is a written undertaking with or without sureties that the accused will attend, and no money is paid unless the bond is later forfeited.
How soon should an advocate be involved?
As early as possible. Statements and decisions made at the start of a case can matter later, and an advocate can advise on what must be provided and what may wait. Early involvement also allows bail and bond preparation, disclosure requests and a clear plan before the first mention, so that the accused and family make decisions calmly rather than under pressure in a corridor.
Can an advocate promise a particular outcome?
No. No advocate can promise a verdict, and none should. What a client is entitled to expect is diligent preparation, honest advice on the strengths and weaknesses of the case, and a defence conducted to professional standards. That includes visiting clients in custody, pursuing disclosure and preparing the accused for what each hearing will involve.
Related legal insights
More detail is in our criminal law guides, including these articles:
- Rights of arrested persons in Kenya
- The criminal defence process in Kenya
- Police bail, court bail and bond compared
To discuss a charge or an investigation, read our fees and engagement terms and contact the firm to arrange a confidential consultation at our Westlands, Nairobi office. If the matter is urgent, call the switchboard on +254 20 80 93 000.