Stories
September, 2026
⚖️When Justice Meets the Truth: How ADR Helped Prevent a Wrongful Conviction
For one mother supported by Justice Nest, an accusation of theft brought the possibility of a criminal conviction and uncertainty about what it could mean for her freedom, livelihood and future. She had been arrested and charged with stealing approximately KSh 567,000 (USD 4,400) belonging to the complainant, an allegation she maintained was unfounded. The circumstances surrounding the accusation were largely circumstantial, and she found herself facing the weight and stigma of a criminal charge.
Rather than treating the charge as the end of the story, Justice Nest’s legal team looked more closely at the circumstances surrounding the allegation. Further inquiry revealed a crucial fact: the money had been recovered. Although this significantly changed the circumstances of the case, the mother had already been arrested and brought before the court.
Through continued engagement with the parties and relevant authorities, the circumstances surrounding the complaint were clarified. The complainant ultimately acknowledged that the money had been found and elected to withdraw the complaint under Section 204 of the Criminal Procedure Code. The Court, upon being satisfied that there were sufficient grounds, allowed the withdrawal, bringing the criminal proceedings to an end and resulting in the mother’s acquittal.
For the mother, the outcome meant more than the closure of a court file. It meant freedom from a criminal charge she maintained she had not committed, and the avoidance of the potentially devastating consequences of a wrongful conviction, including imprisonment, loss of livelihood, damage to reputation and the lasting stigma associated with a criminal record.
Her experience highlights the importance of diligent investigation and constructive engagement in criminal justice. It also demonstrates how appropriate alternative dispute resolution pathways can contribute to the pursuit of a just outcome. The case does not suggest that every criminal complaint should be withdrawn or resolved outside court. Rather, it underscores the importance of examining the facts, understanding the circumstances and considering the interests of those involved.
At Justice Nest, the belief is that every accused person deserves to be heard, every allegation deserves proper scrutiny, and every case should ultimately serve the cause of justice. Sometimes, the most meaningful outcome is not securing a conviction, but uncovering the truth and preventing an injustice before it happens.
Lynette Njuguna- Legal Aid Advocate
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