Friends of Judiciary

23/09/2025

20/09/2025

“Guilty or Not Guilty?” The One Question that can change your life in Court

In court, when an accused person is brought before the judge, it is the court registrar who reads the charge and then asks the all-important question:
“Are you guilty or not guilty?”

To you, this may sound like ordinary English. But in law, that simple answer carries the weight of freedom or punishment.

👉🏽 If the accused says “Not Guilty,” it means he is denying the charge. The case must go to full trial. Witnesses will testify, evidence will be presented, and the prosecution must prove the offence beyond reasonable doubt. Until then, the law presumes the accused innocent.

👉🏽 But if the accused says “Guilty,” the story changes completely. That single word is treated as a confession. The court does not need to call witnesses or waste time on trial. The judge or magistrate will immediately record a conviction and proceed to sentence whether fine, imprisonment, or even death penalty, depending on the offence.

Let me make this practical. Imagine a man is arraigned for a minor traffic offence say driving without a seatbelt. If he says “guilty,” the magistrate may convict him on the spot and order him to pay a fine of a few thousand shillings. That’s the end of the matter.

But if it is a serious offence like armed robbery or murder, saying “guilty” in response to the registrar’s question means instant conviction. The court will not call witnesses; sentencing follows immediately and the penalty could be life imprisonment or even death.

This is why lawyers always advise never answer carelessly in court. That simple “guilty” or “not guilty” is not just grammar; it is the door to either trial or immediate punishment.

So, when you hear that question in court “Guilty or Not Guilty?” understand that it can change a life forever.

17/09/2025

Who is the Attorney-General in Kenya?

The Attorney-General (AG) is the chief legal advisor to the Government of Kenya. Appointed by the President under *Article 156 of the Constitution*, the AG plays a critical role in law and governance.

Key Roles of the Attorney-General:

1. Legal Advisor to Government:
Advises the President, Cabinet, and state departments on legal matters, including laws, treaties, and contracts.

2.Represents Government in Court:
Acts as the government's main lawyer in court cases, especially constitutional and public interest matters.

3. Drafting Laws:
Oversees the drafting of government bills and ensures they comply with the Constitution.

4. Public Interest Role:
Must protect the public interest, uphold the Constitution, and promote justice beyond just defending the government.

17/09/2025

The Police are not debt collectors.

Police officers are aware of this.

Owing money is not a crime.

The Police cannot arrest someone simply because he's owe you.

Debt is a civil matter for the Court, not a criminal matter for the Police.

If you involve the Police in debt issues, the debtor can even sue you, joining the COP and the police officer involved for violation of his rights.

And you will pay heavily.

If it’s about money, go to Court not Police station.

17/09/2025

Must you still pay hospital bills when the patient has already died?

A follower asked me this emotional question;

His mother was taken to National Hospital in Nairobi for cancer surgery. They paid all the money required for the surgery, and it was done.

Sadly, after the surgery, his mother was moved to the ICU, and just last Saturday, she gave up the ghost.

Now, when the family went to carry her body, the hospital told them they must first pay ksh.465,000 for the ICU bill before they can release her co**se.

My Answer:

Yes, the hospital is within its right.

The fact that the patient died does not cancel the bills already incurred.

The law does not say that debts owed to a hospital will be wiped away by death.

The hospital provided services, surgery, ICU care, druugs, doctors, nurses, equipment, all these come with costs.

Until the bills are settled, hospitals usually hold on to the co**se as a lien (legal right) against the debt.

It may be painful, but that is the law and practice in Kenya.

Hospital bills don’t die with the patient.

Please pay the bill.

17/09/2025

Cheque Bounced: 2 years in prisonment:

Many people think that when a cheque bounces, it’s automatically the bank’s problem.

Very Wrong.

Here’s what happens legally:

The drawer (the person who wrote the cheque) is responsible if the cheque bounces.

The bank cannot pay from your account if there’s no enough money.

In Kenya, issuing a dishonoured cheque can even be criminally punishable under the Dishonoured Cheques Act.

Always check your account before issuing cheques.

If you receive a bounced cheque, you can demand payment and even take legal action if necessary.

Treat cheques like cash. Don’t write what you don’t have, and keep proof of all transactions.

17/09/2025

Even in death, a body has rights. No hospital can remove organs without family consent.

Organ donation saves lives, but the law must guide it.

A hospital cannot remove organs from a patient without consent from the patient or family.

Doing so is a crime.

It amounts to organ tråfficking.

Even in death, a body has rights.

Family permission or legal approval is a must.

Don’t let desperation make you accept shortcuts.

A donated organ should carry life, not crime.

17/09/2025

When Lawyers say “Pro Bono” they don’t just mean free legal service. Read this!

Many people casually say “do it pro bono” whenever they want something done for free. But in law, Pro Bono means far more than that.

The full Latin phrase is “Pro Bono Publico” which means “for the public good.”

In legal practice, Pro bono refers to the professional services a lawyer gives without charging a fee, not simply as a favor, but to promote justice, fairness, or to help those who cannot afford legal representation.

Let me break it down with examples:

� A lawyer defending an innocent man who has no money to hire counsel.
� Helping widows, orphans, or vulnerable groups access justice.
� Taking up cases that serve the wider interest of the community.

That is Pro Bono Publico. It is not just free work it is service to humanity, justice, and the public good.

Now here’s the difference many don’t know

If a lawyer decides not to charge you out of kindness, that’s generosity but when a lawyer offers their time and expertise to defend the helpless or advance justice, that’s Pro Bono.

Across the world, lawyers are encouraged and sometimes required to dedicate part of their practice to pro bono, because justice should not only be for the rich.

So next time you hear “pro bono,” don’t reduce it to “free.”
Think lawyers giving back, for the public good.

16/09/2025

There’s a Difference Between Next of Kin and Beneficiary Stop Mixing Them Up

A lot of Kenyans think that once you put someone’s name down as your Next of Kin, that person automatically becomes the heir to everything you own. Unfortunately, that’s a very costly mistake. Let’s break it down clearly:

Who is a Next of Kin?

A next of kin is simply the person you nominate to be contacted in case of emergency, death, or when official matters arise.

Banks, hospitals, schools, employers, or government agencies usually request it for record purposes.

The next of kin can help provide information, claim documents, or liaise with authorities but being next of kin doesn’t make them the owner of your money or property.

Example: If you collapse at work, your employer will call your next of kin, not your lawyer.

� Who is a Beneficiary?

A beneficiary is someone you deliberately name in a will, insurance policy, trust deed, or pension form to receive your money, assets, or benefits after you’re gone.

The law recognizes a beneficiary as someone with a legal right to inherit or receive specific property.

Beneficiaries are protected under succession laws, unlike next of kin.

Example: If you write a will and state that your daughter should inherit your house, she is a beneficiary even if your wife is listed as your next of kin at the bank.

� The Big Difference:

Next of Kin = Contact Person

Beneficiary = Legal Inheritor

16/09/2025

A MAGISTRATE IS NOT A JUDGE

Many people think a magistrate and a judge are the same thing. In law, they are not, and mixing them up shows a lack of understanding of how our courts really work.

A magistrate sits at the Magistrate Court, which is a lower court. Their powers are limited both by subject matter and by money. For civil cases, a magistrate can only hear disputes of ksh. 10 million and below. If you file a case for ksh.15 million or ksh.50 million before a magistrate, the court has no power to hear it. It will be struck out for lack of jurisdiction.

In criminal cases, a magistrate only handles lighter offences like assault, petty theft, or minor fraud. Serious offences such as murder, armed robbery, or kidnapping are beyond their power.

A judge, on the other hand, sits at the High Court (and higher courts). Their powers are wider. A High Court judge can hear civil disputes running into hundreds of millions or even billions of naira. They also try serious criminal offences, including those that carry life imprisonment or even the death penalty.

Here is the point for short:

🥢 A magistrate deals with smaller disputes and lighter offences.
🥢 A judge deals with bigger disputes and the most serious crimes.

Don’t confuse the two. In law, the title “judge” is reserved for higher courts. A magistrate plays a vital role, but they are not judges. Knowing this difference helps you understand how justice is structured and ensures you don’t make costly mistakes when talking about court matters.

16/09/2025

What happens to your money if you don’t use your bank account for years?

Have you ever left your bank account untouched for years?

In kenya, if you don’t operate your account for up to 6 months, it becomes inactive.

If you abandon it for up to 1 year, it becomes dormant.

What this means:

You can’t withdraw or deposit until you “reactivate” it.

The bank won’t just swallow your money, but they’ll keep it aside.

After 10 years of total inactivity, the money is moved to the Central Bank of Kenya (CBK) under “Unclaimed Asset.”

With proper documents, you or your family can still claim it, even after many years.

Legally speaking:
Banks are regulated by the CBK and can not convert your dormant money into their own.

Don’t abandon your bank account. Either close it or keep it active, even with small transactions.

Your money may sleep, but the bank won’t let it die.