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
Steps
- If you don't understand the court's language, ask for an interpreter. It is free.
- Listen to the charge. You have a right to be told the charge with enough detail to answer it.
- 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.
- Answer: not guilty, guilty, or guilty under a plea agreement.
- 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)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026