Mutonyi Mulama & Company Advocates

CRIMINAL LITIGATION

Practice Areas

CRIMINAL LITIGATION

CRIMINAL LITIGATION

Criminal Litigation

We provide comprehensive legal services in Criminal Litigation, offering expert advice, representation, and advocacy for clients facing criminal charges across all levels of the Kenyan criminal justice system. Our services are tailored to protect the rights of the accused, uphold constitutional safeguards, and ensure compliance with statutory procedures under the Constitution of Kenya, 2010, the Penal Code, the Criminal Procedure Code, and other relevant criminal statutes.

 

Criminal Defence and Pre-Trial Advisory

From the moment of arrest, we provide strategic legal advice to clients, ensuring that their rights are protected at every stage. This includes guidance on detention, bail applications, investigation procedures, and pre-trial preparations. We assist in evaluating the charges, reviewing the evidence, and advising on possible defences to secure the most favourable outcomes.

 

Bail and Bond Applications

We represent clients in bail and bond applications, including initial applications, reviews, and variations of bond conditions. Our approach is designed to uphold the constitutional right to bail where applicable, while providing practical solutions to secure release under fair and lawful terms. We engage with the relevant authorities promptly to ensure that clients are not subjected to unnecessary detention.

 

Criminal Appeals and Revisions

Our practice includes handling criminal appeals and revision applications, challenging convictions, sentences, or procedural irregularities. We carefully examine the lower court’s proceedings to identify errors of law, fact, or procedure and prepare persuasive legal submissions for appellate courts. Our goal is to secure the reversal of unjust convictions, the reduction of unduly harsh sentences, or rectification of procedural lapses to uphold the integrity of justice.

 

Sentencing and Mitigation

During sentencing proceedings, we provide robust representation and prepare mitigation submissions aimed at securing fair, proportionate, and lawful sentences. Where appropriate, we pursue reviews or alternative sentencing options provided under the law, including community service, fines, or suspended sentences. Our focus is always on protecting the client’s rights while advocating for outcomes that reflect the circumstances of the case.

 

Trial Representation

We provide full representation during criminal trials, including the preparation of defence strategies, cross-examination of witnesses, presentation of evidence, and closing submissions. Each case is meticulously prepared, with careful attention to procedural compliance, evidentiary requirements, and applicable legal principles, ensuring that clients receive a fair trial in accordance with the law.

 

Our Approach

Criminal proceedings carry profound legal and personal consequences. Every matter is handled with discretion, diligence, and robust advocacy, recognising the potential impact on clients’ liberty, reputation, and future. We combine strategic legal analysis with a client-focused approach to ensure that rights are safeguarded, procedural fairness is maintained, and justice is pursued within the framework of Kenyan law.

We also consider alternative dispute resolution mechanisms, such as plea negotiations, where appropriate, to achieve timely and pragmatic solutions while protecting the client’s interests. Ultimately, our commitment is to provide clarity, guidance, and unwavering legal support through every stage of the criminal process.