Chronological outline of criminal proceedings in Kenya:

A detailed chronological outline of criminal proceedings in Kenya based on the Constitution of Kenya 2010, the Criminal Procedure Code (CPC), the Bail and Bond Policy Guidelines, the Sentencing Policy Guidelines, and other relevant legal instruments:

1. Commission of an Offence
Criminal proceedings begin when an offence is committed. This may be reported by a victim, a witness, or may be through police investigations. Proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without a warrant. A person who believes from a reasonable and probable cause that an offence has been committed by another person may make a complaint to a magistrate having jurisdiction.

2. Reporting and Investigation
A complaint is lodged with the police and thereafter the police investigate the matter, collect evidence, and record witness statements. Depending on the nature of the offence, the police may arrest a suspect without a warrant (cognizable offence) or with a warrant (non-cognizable offence). Additionally, a private individual may arrest a person they witness committing a cognizable offence or whom they reasonably suspect of having committed a felony. Furthermore, individuals caught in the act of committing an offence that results in property damage may be arrested without a warrant by the property owner, their employees, or authorized representatives.

3. Arrest and Detention of the Suspect
If arrested, the suspect must be informed of the reason for their arrest and their constitutional rights under Article 49 of the Constitution. The suspect should be presented in court as soon as reasonably possible but not later than 24 hours. If the 24 hours end outside ordinary court hours or on a day that is not an ordinary court day, they ought to be brought before the court on the next court date. Article 49(2) of the constitution further provides that a person shall not be remanded in custody for an offence that is punishable by a fine only or by imprisonment for not more than six months.
Under section 36 of the CPC, where someone is arrested without a warrant for a crime other than murder, treason, robbery with violence, or attempted robbery with violence, the officer in charge of the police station can decide whether to release them on bond. If it is not possible to take the person to court within 24 hours, the officer must review the case. If the offence is not serious, the officer can release the person on bond (with or without a surety) and give them a date to appear in court.

4. Charging and Plea Taking
The police, in consultation with the Office of the Director of Public Prosecutions (ODPP), decide whether to charge the suspect. The suspect is taken to court, and the charge sheet is read to the suspect in a language they understand. Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

The accused person takes a plea before a Magistrate or Judge. The responses can be:
i. Guilty – The court convicts and proceeds to sentencing.
ii. Not Guilty – The case proceeds to trial.
iii. No Plea/Unclear Response – The court enters a plea of not guilty on behalf of the accused.

5. Bail and Bond Determination
The accused may apply for bail or bond as provided under Article 49(1)(h) of the Constitution). The Bail and Bond Policy guidelines define bail as, “An agreement between an accused person or his/her sureties and the court that the accused person will attend court when required, and that should the accused person abscond, in addition to the court issuing warrants of arrest, a sum of money or property directed by the court to be deposited, will be forfeited to the court”.
Simply put, it is a condition set by the court to secure the release of an accused person temporarily as they wait for the conclusion of their trial.
The policy also defines Bond as; “An undertaking, with or without sureties or security, entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond.”
In bail or bond applications, therefore, the primary consideration must always be the ability of the accused to attend trial. The only exception remains where compelling reasons are demonstrated. The Court in exercising its discretion as to whether or not to grant bail or bond is to be guided by the following parameters as provided in the Bail and Bond Policy guidelines: -
i. The right of accused person to be presumed innocent
ii. Accused’s obligation to attend trial.
iii. Flight risk of the accused.
iv. Public interest and victim protection.
v. Whether the accused has interfered with investigations

6. Pre-Trial Conference
Pursuant to Article 50(2)(j) of the Constitution, the prosecution has to inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused person has reasonable access to that evidence. This ensures that parties are ready for trial, disclosures are made, and witness lists and exhibits are exchanged.

7. Trial Process
The trial is conducted in the following stages: First, it’s the Prosecution’s Case and here the prosecution presents its case, calling witnesses. Each witness is examined in chief, cross-examined by the defence, and may be re-examined by the prosecution. The second stage is the drafting of the Submission of ‘no case to answer’, If the defence believes the prosecution has not established a case, they may submit a no case to answer argument. If upheld, the accused is acquitted. If rejected, the trial proceeds to the Defence Case. Before the Defence case commences, the accused is informed of their rights and may: give sworn evidence, make an unsworn statement or remain silent. The defence presents witnesses, who are examined-in-chief, cross-examined by the prosecution, and may be re-examined by the accused or if represented, by the Advocate. Lastly, upon the close of the defence case, the prosecution and defence submit their final submissions.

8. Judgment & Sentencing
After hearing of the case, the court delivers its judgment, which can be: an Acquittal, where the accused is freed or a Conviction if the accused is found guilty. If convicted, the court imposes a sentence considering:
i. Mitigating and aggravating factors.
ii. The gravity of the offence.
iii. Victim impact statements.
iv. Provisions in the Penal Code, Sexual Offences Act, Narcotic Drugs Act, and other relevant laws depending on the charge.

9. Appeal Process
If aggrieved by the decision, the convicted person may appeal to a higher court on: Conviction, Sentence, or both conviction and sentence. An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Appeals from the subordinate court to the High Court will be heard on both fact and Law as a first appeal. Any subsequent appeal to the Court of Appeal will be on matters of law and any further appeal to the Supreme Court has to meet the threshold as provided under Article 163 of the Constitution; if the matter involves the interpretation or application of the Constitution or it is a matter certified by the Supreme Court or Court of Appeal of general public importance.

In conclusion, this structured process ensures justice, fairness, and adherence to due process in Kenya’s criminal justice system.