What happens if you ignore a court summons to be a witness?
Criminal Procedure Code · sources read 4 Oct 2026
If you are summoned as a witness and do not go without a lawful excuse, or leave without the court's permission, the court can fine you up to KSh 5,000. The court can also issue a warrant to have you brought before it.
- Where
- The court named in your summons; fine reductions go to the High Court
Steps
- Go to court at the time stated in the summons and bring any documents it lists.
- Stay until the court lets you go, and come back on the new date if the case is adjourned and you are ordered to attend.
- You can ask the court to order the Government to pay your reasonable expenses for attending.
- If a magistrate's court fined you, the High Court can cancel or reduce the fine for good cause.
Watch out
- If you were properly served and stay away without a good excuse, the court can issue a warrant to have you brought to court.
- The fine is collected by seizing and selling your movable property. If that fails, you can be held as a civil prisoner for 15 days unless you pay before then.
- Your employer may not fire, suspend or penalise you for being away from work to appear in court as a witness.
Who this covers
- Anyone a criminal court summons to give evidence or bring documents, because they will not come or produce them voluntarily.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Victim Protection Act, 2014 (No. 17 of 2014), Kenya Gazette Supplement No. 143 probation.go.ke · read 3 Oct 2026
- The Judiciary of Kenya home page judiciary.go.ke · read 3 Oct 2026