Can you take someone to court for a crime yourself (private prosecution)?
Criminal Procedure Code and Constitution of Kenya · sources read 4 Oct 2026
Yes. If you have reasonable and probable cause to believe someone committed an offence, you can complain directly to a magistrate, who signs a formal charge if the complaint discloses an offence; the magistrate may then let you run the prosecution yourself or through an advocate. The Director of Public Prosecutions (DPP) can take over the case with your permission, and can end it only with the court's permission.
- Where
- A magistrates' court with jurisdiction over the offence
Steps
- Go to a magistrate who has jurisdiction over the offence and make your complaint, orally or in writing. If oral, the magistrate writes it down, and both of you sign it.
- If the complaint discloses an offence, the magistrate draws up and signs a formal charge. If not, the magistrate refuses it and records the reasons.
- The magistrate can then issue a summons or a warrant to bring the accused to court. A warrant can only be issued first if the complaint was made on oath.
- Ask the magistrate for permission to conduct the prosecution. Only a public prosecutor or an officer authorised by the DPP can prosecute without that permission.
- If allowed, you can run the prosecution personally or through an advocate.
Watch out
- The DPP can take over and continue a prosecution you started, with your permission.
- The DPP cannot discontinue a prosecution without the court's permission.
- If the DPP discontinues the case after the prosecution has closed its case, the accused is acquitted.
Who this covers
- Anyone who believes, from reasonable and probable cause, that another person has committed an offence.
Official sources (2)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026