How to file a case or sue someone in a Kenyan court of law

For criminal cases:

1. First, please report to the nearest police station.
2. Your complaint will be recorded in the occurrence book and you will be given a reference number for investigation purposes.
3. The police may record statements from you and from your witnesses and draft a charge.
4. If the Police are satisfied that a crime may have been committed, they will arrest the accused person and may detain him or release him on reasonable bond terms pending further action.
5. They will then forward the file to the prosecution counsel who will decide whether to file the matter in court or not depending on the evidence.

For civil cases:

1. Understand your cause of action, that is, which part of the law you are relying on to sue the other person (defendant/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. Reduce your complaint into writing and draft it the form of a plaint or originating summons or a petition.
4. Present it together with a signed supporting affidavit to the court registry nearest to you.

How to become a surety/guarantor:

1. You must either be related to the accused person or you must know them very well.
2. Prepare your identification documents for presentation to court (Originals and copies)
3. Prepare your security documents (Payslip for the employed or title deed accompanied by current Certificate of Official Search and respective receipt from the lands registry and valuation report from a licensed Valuer)

How to defend yourself in a court case:

1. Ask for information
2. Seek clarification
3. Ask questions
4. Do not say anything that might be used against you
5. Present evidence

How to peruse a court file

1. Make a request in the registry
2. Pay the required fees

How to obtain court proceedings

1. Make a written request in open court or through writing in the court registry
2. The court will make an order and the proceedings will be prepared and assessed for fees
3. Pay the required fees

How to certify an affidavit

1. Visit the registry and have your affidavit assessed for fees

Source: Judiciary