Quick Answer
Anyone facing a court case has the right to a fair, public hearing — presumed innocent, told the charge, given time to prepare a defence, allowed a lawyer, and given an interpreter if needed.
Key facts
- You are presumed innocent until proven guilty.
- You must be told the charge in enough detail to answer it.
- You may defend yourself or be represented by a lawyer.
- You cannot be tried twice for the same offence.
Presumed innocent
The starting point of every criminal case is that the accused is presumed innocent until proven guilty. The burden of proof lies on the prosecution, not on you.
The elements of a fair hearing
Article 50 spells out what a fair hearing includes:
- Being informed of the charge in enough detail to answer it;
- Having adequate time and facilities to prepare a defence;
- Defending yourself in person or through an advocate — and being assigned one at State expense if a substantial injustice would otherwise result;
- Having an interpreter if you do not understand the language used.
Protection against unfair prosecution
You cannot be convicted for an act that was not an offence when it was committed, and you cannot be tried again for an offence of which you have already been acquitted or convicted.
Why this matters to you
A fair trial is the difference between justice and a rubber stamp. These protections exist so that no one is convicted without a real chance to answer the case against them.
Frequently asked questions
Who has to prove the case?
The prosecution — you are presumed innocent until proven guilty.
Can I get a lawyer if I can’t afford one?
The State must assign an advocate where not doing so would cause substantial injustice.
Can I be tried twice for the same thing?
No — once acquitted or convicted, you cannot be tried again for the same offence.
Sources & references
- Constitution of Kenya 2010, Article 50 — klrc.go.ke