§ 01
Penal Code
Murder & manslaughter
Capital matters from arraignment through Supreme Court. 47 capital trials defended; 39 acquittals, 6 reduced charges, 2 mistrials.
● Lead: T. Stark, SC
Stark & Penhall is a Nairobi criminal defence firm. Twenty years. One thousand four hundred clients walked free. Police station response inside 90 minutes — anywhere from Gigiri to Athi River. If you've been picked up, you don't need a friend with a lawyer's number. You need this number.
We do criminal defence. Only criminal defence. From traffic stops on Mombasa Road to anti-corruption matters before the Special Magistrate — same firm, same standard, same partners in the room.
Capital matters from arraignment through Supreme Court. 47 capital trials defended; 39 acquittals, 6 reduced charges, 2 mistrials.
Section 45/46 ACECA matters, abuse of office, conflict-of-interest charges. We defend public officers and private contractors with equal vigour.
POTA, Prevention of Organised Crimes Act, and ATPU-led matters. Constitutional applications where the State has overreached.
FRC referrals, POCAMLA, tax-evasion prosecutions, cybercrime under CMCA. We work shoulder-to-shoulder with forensic accountants from day one.
NDLEA referrals, possession, trafficking under the Narcotic Drugs Act. We challenge chain-of-custody before we challenge the charge.
Drunk-driving, dangerous driving, causing death by careless driving. NTSA breathalyser and blood-test challenges as a specialty.
Defence of the accused under the Sexual Offences Act. Trauma-aware, evidence-first, never the kind of cross-examination that ends up in the press for the wrong reason.
Conviction and sentence appeals. Constitutional petitions where rights of an accused person have been infringed. Counsel of record in 17 Supreme Court matters.
If we cannot represent you, we will name three people who can — within the same call. Free of charge. 24 hours a day.
A selection of recent matters. Client names are redacted by default; published with permission only. Every figure here can be cross-referenced against a public cause-list number on request.
Every Stark & Penhall matter is co-led by two named counsel — one in court, one in the file. We don't pyramid juniors onto your case. We pair our partners on yours.
Senior Counsel (2014). 47 capital trials lead. Former pupil, Hon. Justice E. Linton. Argued 9 matters before the Supreme Court of Kenya.
Senior Counsel (2017). The advocate the ODPP would rather not see in cross-examination. 121 anti-corruption matters defended; 88 withdrawn or acquitted.
Lead counsel on 22 POTA matters since 2018. Constitutional & Human Rights Division specialist. Author of "Detention & Liberty in Kenya" (2023).
Former FRC analyst. Chartered Forensic Accountant. Where the prosecution thinks they have a paper trail, she'll find the gap before they finish the bundle.
Lead defence on the 2022 ATU "Northern Corridor" matter (charges withdrawn before opening). Specialist on chain-of-custody and field-test reliability.
Two senior associates are on rotation every night and weekend. Within 30 minutes of your first call, you'll have a name, a number, and an ETA at the police station.
Print this. Save it. Send it to anyone in your family with a driving licence. You won't think clearly when it matters; the list will.
"I am exercising my right to silence under Article 49(1)(a) of the Constitution." Say nothing else until counsel arrives. Not a denial. Not an explanation. Not "just clearing it up."
+254 711 911 000. You are entitled to one call under Article 49(1)(c). Use it. Ask for Stark & Penhall, duty counsel.
No statement. No "consent to search." No charge sheet acknowledgement. Nothing. Your signature is the prosecution's case — withhold it.
The officer's name and rank, the OCS, the station, the time of arrest, the time you asked for counsel. Memorise it; write it the moment you can.
You have a right to know the Occurrence Book entry. If they refuse, that refusal is its own constitutional violation — record the time.
Body searches without your written consent or a warrant are limited under Article 31. You may state, calmly: "I do not consent." Then say nothing more.
Counsel will arrive. The 24-hour clock under Article 49(1)(f) is now running against the State. Every minute they hold you without arraignment helps your defence.
For active arrests, call — don't fill in a form. Forms are for matters already in court, summons received, charges anticipated, or for instructing us before a voluntary inquiry attendance.
Call +254 711 911 000 immediately. Tell us the station, the OB number if you have it, and the time of arrest. Duty counsel will leave for the station within 20 minutes anywhere in Nairobi metro. Do not let your family member give any statement before we arrive.
Capital matters and serious felonies are quoted on a fixed-fee phased basis (arraignment / hearing / verdict). Misdemeanours are flat-fee. Payment plans available, including for arrested clients who can't immediately access accounts.
Yes. We have permanent counsel in Mombasa and Kisumu and travel briefs to every High Court station in Kenya. For matters in Tanzania or Rwanda we work with local correspondent firms we've used for years.
Yes. Article 49 of the Constitution gives you a right to remain silent and to counsel of your choosing. Everything you say before counsel arrives can be used against you. "Just answering a few questions to clear it up" is the single most common reason guilty verdicts hold on appeal.
Call us anyway. We run a 24-matter-per-year pro bono docket and can refer to NLAS, KNCHR or Legal Resources Foundation depending on the charge. Nobody should face a capital trial without competent counsel because of fees.