According to Prison Insider, notably, about 50 per cent of Kenya’s 54,000 prisoners are pre-trial detainees or those held in remand as they await trial – people legally considered innocent. The number continue to increase everyday as many people are arrested everyday than those being released from prisons.

Criminal Law is one branch of law that deals with offences where the complainant is represented by the Republic. It caters for an offence considered as a public wrong.  For one to be convicted of a crime, the crime must have existed and fully defined and prohibited by the law by the time of commission and or omission.

At Mwangi Kiai & Co Advocates, we will help you from the time of arrest, arraignment in court, taking plea up to the closure of the prosecution case. Our goal has been to ensure that the cases within this docket end at that stage by revealing to the court the facts not disclosed by the prosecution, questioning the prosecution legal theory, cross-examining the witnesses and ensuring that the elements of crime are either or not established through their testimonies.  If a matter doesn’t end at the “no case to answer,” then we will be ready to help with the defense case to the end.

Benjamin Franklin once stated that; “It is better a hundred guilty persons should escape than one innocent person should suffer. We agree with him. Unfortunately, the number of innocent people languishing in prison keeps on sky-rocketing every-day.  This is majorly caused by lack of qualified and proper legal representation during the court process. We are here to help.”

The Challenge 

The challenge with our criminal justice system is that it has no way of sieving and protecting the innocent from being treated and or seen as guilty before they are heard. As stated above, a humongous number of those who are in prison are people who should be considered innocent till otherwise is proven. A bigger piece of the pie in that category may be as results of myriads of reasons but the major issue is the kind or lack of proper legal representation. 

We wake up every day being equal to the tasks and ready to face the challenge by ensuring that you receive the proper legal representation that you need. 

Our Process

The process starts by us receiving the phone call from the accused person and or a friend or family member of the accused person. We will thereafter visit you either in prison or in police station within the shortest time possible. We will then request to have an interview with the accused person to ensure that we have the full details of the crime.  We will then advise you on the way forward and be present when you are writing your statement, during the identification parade and all through the court process. 

Planning The Case

Before jumping to court, we take our time to research on the case, the crime and its elements and we come up with a strategy on the way we will handle the case. We ensure that we have all the scenario from plea taking to the end of the case when the court makes the decision. 

We believe that winning is in our boardroom and not in court. We have simulations and moot on the research points till we agree and or get the way forward as regards the case in question.  We believe in planning and strategy than we believe in the court process. 

Gather More Information

We ensure that we visit the crime scene to have the third eye as to the facts of how the crime was committed. We ensure that we get all the details we can from the scene and ensure that the police reports are as per the scene. We will also try to talk to a few people around and get to see if we can gather more information on the case. This is to ensure that we have the right case. The case we believe in and one that we believe deserve to be heard fully and in a correct manner.  

The Result

At the end, we are not surprised by the results. Throughout the process, we will guide the accused person towards the possible outcome of the case as per our analysis.

We offer the best services ensuring that we get the best result for our clients.