Being suspected of or charged with a criminal offence can have serious consequences for an individual’s freedom, reputation, family and livelihood.
Anyone facing a criminal allegation should understand the importance of legal representation and the safeguards provided by Kenyan law.
The presumption of innocence
Article 50 of the Constitution of Kenya protects the right to a fair hearing. Under Article 50(2), an accused person is presumed innocent until the contrary is proved, subject to the Constitution and applicable law.
An allegation alone is not the same as a conviction.
The right to legal representation
The Constitution recognises the right of an accused person to choose and be represented by an advocate and to be informed of this right promptly.
Where a person qualifies for state-funded legal representation under the constitutional and statutory framework, that entitlement should also be considered.
Seeking legal advice early can help an individual understand the allegations, the process to be followed and the available legal options.
The importance of following lawful procedures
Criminal investigations and proceedings are governed by legal rules. The circumstances of an arrest, questioning, detention, evidence collection and prosecution may raise important legal issues.
A lawyer can assess the available information, explain procedural rights and advise on appropriate steps without prejudging the outcome of the case.
Preserve relevant information
Where appropriate, keep copies of relevant documents, messages, notices and other information that may assist your lawyer. Avoid destroying evidence, interfering with witnesses or discussing sensitive details publicly without first obtaining legal advice.
Every criminal matter is different, and the proper course of action depends on the facts, the alleged offence and the applicable law.
Seek advice from a qualified advocate
Criminal proceedings can move quickly, and certain decisions may have lasting consequences. Professional legal guidance helps individuals understand their position and make informed decisions.
Asembo and Company Advocates can advise on criminal law matters and related legal processes, subject to the firm’s practice areas and availability.
