WHAT YOU NEED TO TAKE INTO CONSIDERATION BEFORE MOVING TO COURT

Kenyans are very litigious in nature. However, it can be quite interesting and sometimes even embarrassing to witness or see what can only be considered rookie mistakes by parties, when attending Court. Courts are avenues of justice where most Kenyans strongly believe that they can right the wrongs that have befallen them in life.

 

First, and foremost before listing the things to consider before moving to court always seek professional legal services where necessary.

 

The Courts have laid down procedures on how to approach them when it comes to litigation. For instance, civil matters (as well as land, family (divorce/children), and succession matters) are generally guided by the Civil Procedure Act and Civil Procedure Rules; Criminal matters are guided by the Criminal Procedure Code; Employment matters are also generally guided by the Employment Act, Employment and Labour Relations Court Act, just but to mention a few.

That being said, I would like to quote the Learned Justice Fred Ochieng’ (now a Court of Appeal Judge, when he was the presiding Judge in Kisumu High Court, who once informed me that for a litigant to be successful he needs three things to be on his or her side before going to Court. That is:

• Facts
• Evidence; and
• The Law

From an Advocate's point of view, facts can be described as events that occur before moving to Court that will assist a party build and present its case before the court. Facts are usually stated in witness statements and/or affidavits. Facts can also be shared with the Court during trials in Court and the same can be challenged by the other parties in a matter during cross-examination.

Evidence on the other hand refers to facts pieced together and stored in one form or the other and the same can be produced before the Court. Evidence can be adduced through written documents and/or witness testimonies orally in Court. Evidence can also be produced through affidavits filed in Court attached as annexures.

Lastly, before moving to Court, or approaching a lawyer for legal assistance, always make sure that your case is well supported by the law. This essentially means that Courts can only make a positive finding in your favour if your suit or matter is premised on the law and supported by the law. 

Those are the 3 main things any party ought to take into consideration before proceeding to litigate a matter in Court. If any of the above is missing then the likelihood of success is greatly diminished.

DISCLAIMER: The above sentiments or opinions are not cast in stone, and should not be interpreted as legal advice and the Author herein shall not be held personally liable as the same is shared based on his personal experiences and not in his professional capacity as an Advocate of the High Court of Kenya.

N/B: Please note that the law is not always static and changes regularly. Make sure you seek professional legal advice.