Withdrawing or settling a criminal case
Criminal Procedure Code; Victim Protection Act, 2014; Constitution of Kenya · sources read 2 Oct 2026
A complainant can ask the court for permission to withdraw a complaint, and if the court allows it the accused is acquitted. For common assault and other minor personal offences that are not felonies, the court may encourage a settlement, such as paying compensation, and then stop or end the case.
- Deadline
- A restorative justice process lasts 6 months and can only be extended with the court's leave.
- Where
- The court hearing the case (usually a magistrate's court); the prosecutor handling the case
Steps
- To withdraw, ask the court before the final order and show sufficient grounds. The court decides whether to allow it.
- For common assault or another minor personal offence, the court can help both sides settle, for example by paying compensation, and then stay or end the case.
- If you choose restorative justice, any agreement you reach with the offender is recorded and enforced as a court order.
- Only the prosecution can drop the charges themselves, and the Director of Public Prosecutions needs the court's permission to discontinue a prosecution.
Watch out
- If the prosecutor withdraws before the accused is asked to defend themselves, the accused is only discharged and can be charged again on the same facts. After that point, withdrawal means acquittal.
- If the complainant knew the hearing date and does not come to court, the court must acquit the accused unless it decides to adjourn.
- If restorative justice fails, the criminal trial continues to the end, and the victim can still sue in a civil court.
Who this covers
- Complainants in cases heard in the magistrates' (subordinate) courts.
- Every victim of crime has a right to restorative justice.
Official sources (3)
- Criminal Procedure Code (Cap. 75), Revised Edition 2015 [2014] probation.go.ke · read 2 Oct 2026
- The Victim Protection Act, 2014 (No. 17 of 2014), Kenya Gazette Supplement No. 143 probation.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026