Cross-Examination in Criminal Cases: What You Should Know

When someone is accused of a crime in Kenya, one of the most important moments in court is the cross-examination of a witness. This is when the lawyer for the opposite side asks questions of a witness who has already given evidence. Done well, it can reveal weaknesses in the case; done poorly, it can harm your interests.

This article explains in plain language how cross-examination works, why it matters, and what you should keep in mind if your case involves it.

1. How It Works in Kenya

Order of the process

In Kenya, under the Evidence Act (Cap. 80)¹, a witness is first “examined-in-chief” — meaning the side that called them asks questions. The opposing side then has the chance to cross-examine that same witness. Finally, the first side may re-examine to clarify new issues raised during cross-examination.

What the law allows

• During cross-examination, leading questions are allowed — questions that suggest the answer, such as “You were at the scene that night, weren’t you?”
• The law allows advocates to test a witness’s credibility — their truthfulness, reliability, and consistency.
• Advocates may point out inconsistencies between what the witness said earlier and what they are saying in court.

For a plain-language explanation of the types and order of examination, see a concise commentary on Section 145 of the Evidence Act (Sheriaplex)².

Why it matters

Cross-examination protects the right to a fair trial, guaranteed by Kenya’s Constitution. It allows the accused to challenge evidence and make sure the court hears the full truth before making a decision.

2. Why Cross-Examination Can Make or Break a Case

• Witnesses often decide outcomes. If a witness’s account is uncertain or contradictory, it may raise reasonable doubt about guilt.
• It reveals inconsistencies. A skilled cross-examination can expose differences between earlier statements and current testimony.
• It promotes fairness. The process ensures that both sides can test what is said, keeping trials transparent and balanced.
• It forces clarity. Focused, short questions help the judge follow the key points and identify weaknesses in the story.

3. Tips from the Field: What to Watch For

Here are practical tips if you are involved in a criminal case — whether as the accused or supporting someone.

• Know the goal for each witness. A lawyer should always have a clear purpose before asking questions.
• Preparation is key. Reviewing the witness’s prior statements helps spot gaps or contradictions.
• Use simple, direct questions. Good questions are short, fact-based, and aimed at one issue at a time.
• Stick to facts, not opinions. Facts are harder for witnesses to twist or expand on.
• Watch demeanour in court. Calm, professional conduct by both client and lawyer strengthens credibility.
• Don’t cross-examine without purpose. If nothing useful can be gained, silence is better than risky questioning.
• Be cautious with expert witnesses. Lawyers must test an expert’s methods, assumptions, and conclusions carefully — especially in cases involving forensic or digital evidence. For practical guidance on expert witness examination, see the CIArb Kenya session notes on Examination & Cross-Examination of Expert Witnesses (CIArb Kenya)³.

4. What Clients Should Ask Their Advocate

To stay informed and confident before the cross-examination stage, ask your lawyer:

• Which witnesses will we cross-examine — and why?
• What is our goal for each one?
• What facts or documents can challenge their story?
• Are there inconsistencies in their earlier statements?
• How will we handle a hostile witness?
• What do I need to prepare or review?
• What are the risks if we cross-examine versus staying silent?

5. A Simple Case Walk-Through

Imagine someone (let’s call them Person A) is accused of breaking into a house. A witness claims they saw A at the scene at 2 a.m.

During cross-examination, the defence lawyer asks:

• “You said you saw the person’s face from 10 metres away — correct?”
• “But earlier, you said your torch only reached 1 metre — right?”
• “And the street-lights were off at that hour — is that true?”

By asking short, fact-based questions, the lawyer tests the witness’s reliability. If the witness’s answers shift or contradict earlier statements, the judge may doubt their credibility — and that doubt can change the case outcome.

6. Final Thoughts

Cross-examination isn’t about arguing; it’s about revealing truth and fairness. It ensures every piece of evidence is tested, every inconsistency addressed, and every accused person heard fully.

If you or someone you know is facing criminal charges, understanding cross-examination helps you work confidently with your lawyer and follow the process calmly.

At Waweru Nyambura & Co. Advocates, we are committed to transparent guidance, thorough preparation, and cross-examination strategies that protect your rights and focus on real results.

Talk to a Criminal Defence Lawyer in Thika

Need help with a criminal case? Contact us for a free first consultation with our lawyers in Thika. We’ll review your matter, explain your options, and help you prepare for court with confidence.

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Location: Thika, Kenya

Further reading & references

1. Evidence Act (Cap. 80) — full text (Kenya Law PDF). ↩
2. Section 145 — Type of examination of witnesses (Sheriaplex). ↩
3. CIArb Kenya — Examination & Cross-Examination of Expert Witnesses. ↩
4. How Witnesses are Examined in Kenyan Courts — Chatia J. Ebwoyele (LinkedIn).
5. Cross-Examination of a Witness — Quincy Kiptoo (blog).
6. Judiciary E-Filing System — Judiciary of Kenya.