Is there a time limit for charging someone with a crime?
Criminal Procedure Code · sources read 4 Oct 2026
For minor offences, where the maximum penalty is six months in jail or a KSh 1,000 fine (or both), a magistrate's court can only try the case if the charge or complaint is made within 12 months of the incident, unless another law allows longer. This 12-month rule in the Code covers only those minor offences.
- Deadline
- 12 months from the incident to lay the charge or complaint, for offences with a maximum of six months in jail or a KSh 1,000 fine.
- Where
- Any police station (emergency: 999, 112 or 911), or a magistrate's court
Steps
- Report the offence to the police as soon as you can. In an emergency, call 999, 112 or 911.
- You can also make a complaint directly to a magistrate if you have reasonable and probable cause to believe someone committed an offence.
- The complaint can be spoken or written; if spoken, the magistrate writes it down, and you and the magistrate both sign it.
Watch out
- Another law can allow a longer time for a particular offence.
- Every accused person has the constitutional right to a trial that begins and ends without unreasonable delay.
Who this covers
- Anyone accused of, or complaining about, an offence whose maximum penalty is no more than six months in jail or a KSh 1,000 fine, or both, tried in a magistrate's court.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Kenya Police Service home page kenyapolice.go.ke · read 3 Oct 2026