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Taking a plea in court, and what happens if you plead guilty

Criminal Procedure Code · sources read 4 Oct 2026

The court tells you the charge and asks whether you plead not guilty, guilty, or guilty under a plea agreement. If you admit the charge, your words are recorded and the court convicts and sentences you, and after a guilty plea in a magistrate's court you can appeal only against the length or legality of the sentence.

Where
The court where you are charged
Read the law

Steps

  1. If you don't understand the court's language, ask for an interpreter. It is free.
  2. Listen to the charge. You have a right to be told the charge with enough detail to answer it.
  3. You can choose an advocate. If substantial injustice would otherwise result, you have a right to an advocate assigned by the State at State expense.
  4. Answer: not guilty, guilty, or guilty under a plea agreement.
  5. If you plead not guilty, the court goes on to hear the complainant, the witnesses and any other evidence.

Watch out

  • After pleading guilty and being convicted on that plea by a magistrate's court, you can appeal only on the extent or legality of the sentence.
  • If you refuse to plead, the court enters a plea of not guilty for you.
  • You have the right to remain silent and not to testify during the trial.

Who this covers

  • Every accused person has the right to a fair trial, including being presumed innocent until proved guilty.
Official sources (2)
  1. Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026

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