FIRM 15

TRIAL ADVOCACY

PRE-TRIAL CASE ANALYSIS

 The Legal Zeniths
2
Meet the Team
Gloria Besha Otieno, (20241692 ) Roy Kiplang'at Kitur, (20241814)

Anab Said Hussein, (20240050) Tukei Gilbert Ruto, (20241012)

Brian Kipkirui Mutai,(20240631) Amojong' Elizabeth Omuga,

(20241142)
May Georgia Kangogo, (20240636)
Charity Mumbi Njoroge, (20241077)
Cynthia Wangari Ng'ang’a,
(20240774) Emmanuel Baraka Ongau,
MISSION STATEMENT

At The Legal Zeniths, our mission is to ascend to the(20240084)

pinnacle of legal excellence, guided by the
principles of integrity, diligence, and innovation. We are committed to delivering unparalleled
legal solutions that uphold truth and justice, empowering our clients to scale the complex legal
landscape with confidence and clarity.
CASE ANALYSIS DEFINITION
Case analysis is the process of legal reasoning that involves merging the issues,
the facts of the case, the law applicable and the case precedents available so as to
come up with a plan on how best represent a client. In case analysis, the party
that succeeds in telling the most persuasive story wins (although the conclusion
of the stories is controlled by the elements of the applicable substantive law)

The first stage in analyzing a case as an advocate is to determine what kind of

issue your client is facing, including whether it falls under the purview of a
criminal, civil, divorce dispute, succession case, or constitutional petition.
The next step is to list the relevant laws that apply to the situation. In the event
that a client is charged with robbery, for example, the Kenyan Penal Code, Cap.
63, provides definitions and requirements for robbery. 1. Whether the law views
my client's situation as robbery. When there is a breach of contract, the attorney
ought to be able to ascertain which laws apply, such as the Law of Contract Act.
CONT...

Once the pertinent laws have been identified, the next step is to
determine what needs to be proven in court. For robbery, for example,
Section 296 (2) outlines the elements of robbery, along with the evidence
of the theft, the number of attackers, whether the defendant was carrying
a dangerous weapon, and whether the defendant physically hurt the
complainant. 2.In order to establish a breach of contract, the advocate
must be able to demonstrate aspects like non performance and damages.
Third, consider the case's facts, the facts that support (or refute) your
position, the evidence sources, the evidence itself, and the likelihood of
the opposing side's response.
CONT…
Find a strategy to make the most of the positive facts and
minimize or overshadow the negative ones; for example,
substitute your client's persistently bad behaviour with psychiatric
problems to lower the seriousness of the o ense. An advocate can
identify questions for witness cross-examination during case
analysis.
 IMPORTANCE OF CASE ANALYSIS:
6

Good case analysis:

◈ makes an advocate understand the
relevant legal and factual issues;
◈ brings out clarity and focus to the issues
the advocate wishes to emphasize;
◈ provides a moral theme for the case.
 PROCEDURE WHEN CARRYING OUT CASE
ANALYSIS:
7

a) Organize the case file: Use chronologies,

timelines and topics.

b) Identify the factual issues: Separate facts

into good and bad facts.
 FACTUAL ANALYSIS
◈
8
Purpose: Factual analysis involves understanding and
dissecting the relevant facts of a legal case. It serves as the
foundation for legal research and case analysis.
◈ Facts v Conclusion
◈ What is a Fact?
◈ Section 3 of the Evidence Act defines a fact as any thing
that can be discerned by the five senses. (i.e seen, touched,
heard, smelt, tasted)
 FACTUAL ANALYSIS (Contd.)
◈
9
Facts are what you see, no opinions added and exist outside
the observer, meaning they are reality, not the observer’s
impression of that reality.
◈ A fact speaks for itself and does not need to be justified.
◈ A conclusion on the other hand is an inference derived upon
after linking the facts that have been established.
◈ The duty to bring out facts is upon the Advocate while the
duty to make conclusion is upon the trier of the fact.
 FACTUAL ANALYSIS (Contd.)
◈
10
A witness gives a fact.
◈ A fact is descriptive (explains something exactly as it is)
◈ A conclusion on the other hand is prescriptive (explains
something as it should be/ ought to be)
◈ A fact is a detail; A conclusion is an argument.
 ANALYSIS OF CRIMINAL CASE SCENARIO
On 1st January 2024, Louisa Singano was walking back down Browns Road
from the market when someone stole her handbag containing jewelry and
900 KUDU-BUCKS.
The accused, DESMOND PETERS, who was in the vicinity of Browns Road
when the theft occurred, was recognized as the thief by the victim and
several witnesses.
As soon as the incident was reported, he was taken into custody and
admitted to being a pickpocket.
He disputes stealing the purse.
GOOD FACTS FOR THE PROSECUTION
• The robbery took place in broad daylight.

• Desmond Peters was around Brown Roads where the robbery took
place.

• Desmond Peters admits to having a habit of pickpocketing and

stealing whenever he lacks money for food.

• Both Louisa and Theela Singano state that they saw one of the
boys passing the purse to the other as they ran away.

• Said Mohammed states that Desmond Peters is a pickpocket and a

nuisance in the marketplace.
 GOOD FACTS FOR THE PROSECUTION (Contd.)
14
• Louisa Singano states that her bag had been torn by a razor blade.

• Said Mohammed states that he saw Desmond Peters and his friend
cut the bag with a razor blade and ran off.
• Edwin Kwaza and Desmond Peter’s uncle are good friends.

• Both Louisa and Theela Singano state that one of the boys who
stole the purse was wearing a blue T shirt.
• Desmond Peters admits that he has once been arrested and charged
with negligence and loitering.
 BAD FACTS FOR THE PROSECUTION
15
• Louisa Singhano states that she wears eyeglasses to see long distances and
she was not wearing her glasses on the day she was robbed.

• Louisa states that she could not see the faces of the boys who stole
the purse.

• Said Mohammed states that when he caught up with Desmond, he was

walking and not out of breath.

• Said Mohammed states that Desmond Peters did not have any of the stolen
property in his possession when he caught him.

• Louisa stated that she was 80% sure that Desmond was one of the boys that
stole her purse but couldn’t be sure.
 BAD FACTS FOR THE PROSECUTION (Contd.)
16
• The robbery occured right outside Edwin Kwaza's bar and he said he saw it
happening.

• Edwin Kwaza states that he saw the robbers but Desmond was not one of
them.

• Edwin Kwaza states that there is bad blood between Said Mohammed and
Desmond’s uncle.

• Kwaza states that the two boys who snatched Louisa’s bag were both
wearing white T shirts and brown pants.

• Desmond states that the person who stole the purse is known as Mole.

• Kwaza states that Desmond is a bit of a free spirit, but he is not a thief.
 GOOD FACTS FOR THE DEFENCE
17
• Louisa states that she could not see the faces of the boys who stole
the purse.

• Louisa stated that she was 80% sure that Desmond was one of the boys that
stole her purse but couldn’t be sure.

• Louisa Singhano states that she wears eyeglasses to see long distances and
she was not wearing her glasses on the day she was robbed.

• Said Mohammed states that when he caught up with Desmond, he was

walking and not out of breath.

• Said Mohammed states that Desmond Peters did not have any of the stolen
property in his possession when he caught him.
 GOOD FACTS FOR THE DEFENCE (Contd.)
18
• The robbery occured right outside Edwin Kwaza's bar and he said he saw it
happening.

• Kwaza states that the two boys who snatched Louisa’s bag were both
wearing white T shirts and brown pants.

• Edwin Kwaza states that he saw the robbers but Desmond was not one of
them.

• Edwin Kwaza states that there is bad blood between Said Mohammed and
Desmond’s uncle.

• Desmond states that the person who stole the purse is known as Mole.

• Kwaza states that Desmond is a bit of a free spirit, but he is not a thief.
 BAD FACTS FOR THE DEFENCE
19
• The robbery took place in broad daylight.

• Desmond Peters was around Brown Roads where the robbery took
place.
• Both Louisa and Theela Singano state that they saw one of the
boys passing the purse to the other as they ran away.
• Said Mohammed states that Desmond Peters is a pickpocket and a
nuisance in the marketplace.
• Desmond Peters admits to having a habit of pickpocketing and
stealing whenever he lacks money for food.
 BAD FACTS FOR THE DEFENCE (Contd.)
20
• Both Louisa and Theela Singano state that one of the boys who
stole the purse was wearing a blue T shirt.
• Louisa Singano states that her bag had been torn by a razor blade.

• Said Mohammed states that he saw Desmond Peters and his friend
cut the bag with a razor blade and ran off.
• Desmond Peters admits that he has once been arrested and charged
with negligence and loitering.
• Edwin Kwaza and Desmond Peter’s uncle are good friends.
 Civil Case
👩 👤
Faith Mueni Vs Alphonce Muoki
Wife or Squatter?

22
 Civil Case Analysis
23
The overarching
objective of case
analysis is to identify
strong and weak facts
which may favour or
disfavour your client
and to strategize on
how to address the
weaknesses.
 Analysis of the Civil Case Scenario
◈
24
In this case, Faith Mueni says that she has been married to
Alphonce Muoki for 13 years and that during the
subsistence of their marriage, they bought a 13 acre farm in
Machakos County.
◈ Faith claims their marriage was contracted under the Kamba
Customary Laws and that their marriage gave rise to three
children: Sebastian, Stella and Ann.
◈ In the last two years, Alphonce has abandoned the family
and last year he contracted marriage under the Marriage Act
No. 4 of 2014 to Alice Gachungwa.
 Analysis of the Civil Case Scenario (Contd.)
◈
25
Alphonce claims although he had a brief relationship with
Faith 13 years ago, he never married her; and they never
jointly purchased the farm. He claims that he only allowed
Faith to live on his farm on humanitarian grounds as his
way of paying child support for the only child to come out
of their brief relationship: Sebastian.
◈ Alphonce claims that he paid for the farm alone. He admits
that he visited Faith’s family but only to stay in touch with
his son, Sebastian.
 Faith’s case (The Petitioner)
Married to
26 Alphonce in Notice to Vacate
accordance with Matrimonial
Kamba Customary Bought 13 acre far Alphonce abandons property
law together family 2013 2015

1 3 5 6

2 4 6

Marriage produced Faith took care of Alphonce contracts

three children property and the marriage
children while Alphonce 2014
was in Machakos
 GOOD FACTS FOR THE PETITIONER
27
• Faith states that Alphonce Muoki took dowry to her parents asking
for her hand in marriage.
• Mzee Nyamai Kilonzo says he was present at Faith’s and
Alphonce’s customary marriage.
• Faith states that she has been married to Alphonce Muoki for the
last twelve years.
• Faith states that she grew maize, cassava and millet which
Alphonce would sell and use the proceeds to build the house she
now lives.
• Faith says that she and Alphonce have three children Sebastian,
Stella and Ann.
 GOOD FACTS FOR THE PETITIONER (Contd.)
28
• Faith says that she would use the proceeds from the dairy farm to
pay for subsistence for the family and to send their children to
school.
• Mzee Kilonzo states that Alphonce was given blessings to
marry Faith Mueni under Kamba customary norms.
• Mzee Kilonzo states that a photo of the negotiation team was taken
at the function and the same bought by Alphonce for him to keep.
• Mzee Kilonzo states that as far as Kamba customary norms are
concerned, Muoki and Mueni are legally married.
 GOOD FACTS FOR THE PETITIONER (Contd.)
29
• Jomo Obama states that Alphonce referred to Faith Mueni as his
wife when he approached him for some construction work.
• Jomo Obama states that Faith Mueni used to sell milk at the market
so that she can take care of the family.
• Alphonce admitted to Alice Gachungwa that Faith had been his
girlfriend many years ago and that he had an 11 year old son,
Sebastian with her.
 BAD FACTS FOR THE PETITIONER
30
• Alphonce states that he bought the land alone and did not receive
any contribution from Faith or any other person.
• Alphonce says that he registered the land in my own name as he
bought the land personally.
• Alphonce says that Sebastian is his only son.

• Charles Muema states that he never saw Faith during the purchase
of the land.
• Alphonce claims that he has never been married to Faith and have
certainly never had a marriage ceremony together.
• Alphonce states that Faith Mueni was just a long term tenant in his
farm and not his wife.
 BAD FACTS FOR THE PETITIONER (Contd.)
31
• Alphonce presented a marriage certificate indicating his union with
Alice Gachungwa.
• Alphonce states that he paid for the farm’s down payment of Kshs.
50,000 with his own funds and a bank loan from his personal credit
to pay off the balance.
• Alphonce admits to have had a brief sexual liaison with Faith
Mueni thirteen years ago but were never married.
• Alphonce says that he let Faith use his farm rent-free for more than
thirteen years as his contribution to child support for Sebastian
 BAD FACTS FOR THE PETITIONER (Contd.)
32
• Faith says that she does not remember contributing any specific
amounts to buy the shamba.
• Faith states that she does not know the name on the registration for
the shamba.
• The Title Deed of the land is in Alphonce’s name.

• The Sale Agreement of the land is in Alphonce’s name.

 Alphonce’s Case
33
Brief
Relationship
with Faith(1
year), no Bought land on Married Alice
marriage his own Gachungwa

Son, Sebastian Allowed faith Evicts Faith, the

only child with to live on the tenant/trespaser
Faith land as child
support
 GOOD FACTS FOR THE RESPONDENT
34
• Alphonce states that he got married to Alice in May, 2015, at the
Holy Trinity Catholic Cathedral in Machakos town.
• Alphonce says that he is married to one wife- Alice Gachungwa
and they have one child, Alexander Muli Muoki.
• Alphonce claims that he was not married to Faith Mueni and no
marriage ceremony took place.
• Alphonce states that he bought the land alone and did not receive
any contribution from Faith or any other person.
• Alphonce says that he registered the land in my own name as he
bought the land personally.
 GOOD FACTS FOR THE RESPONDENT (Contd.)
35
• Charles Muema states that he never saw Faith during the purchase
of the land.
• Alphonce claims that he has never been married to Faith and have
certainly never had a marriage ceremony together.
• Alphonce states that Faith Mueni was just a long term tenant in his
farm and not his wife.
• Alphonce states that he paid for the farm’s down payment of Kshs.
50,000 with his own funds and a bank loan from his personal credit
to pay off the balance.
• Alphonce admits to have had a brief sexual liaison with Faith
Mueni thirteen years ago but were never married.
•
 GOOD FACTS FOR THE RESPONDENT (Contd.)
36
• Alphonce says that he let Faith use his farm rent-free for more than
thirteen years as his contribution to child support for Sebastian.
• Faith says that she does not remember contributing any specific
amounts to buy the shamba.
• Faith states that she does not know the name on the registration for
the shamba.
• The Title Deed of the land is in Alphonce’s name.

• The Sale Agreement of the land is in Alphonce’s name.

 BAD FACTS FOR THE RESPONDENT
37
• Faith states that Alphonce Muoki took dowry to her parents asking
for her hand in marriage.
• Mzee Nyamai Kilonzo says he was present at Faith’s and
Alphonce’s customary marriage.
• Faith states that she has been married to Alphonce Muoki for the
last twelve years.
• Faith states that she grew maize, cassava and millet which
Alphonce would sell and use the proceeds to build the house she
now lives.
• Faith says that she and Alphonce have three children Sebastian,
Stella and Ann.
 BAD FACTS FOR THE RESPONDENT (Contd.)
38
• Mzee Nyamai Kilonzo states that he was in attendance
for uthoni of Mueni more than ten years ago in which Alphonce
was the groom.
• Faith says that she would use the proceeds from the dairy farm to
pay for subsistence for the family and to send their children to
school.
• Mzee Kilonzo states that Alphonce was given blessings to
marry Faith Mueni under Kamba customary norms.
• Mzee Kilonzo states that a photo of the negotiation team was taken
at the function and the same bought by Alphonce for him to keep.
 BAD FACTS FOR THE RESPONDENT (Contd.)
39
• Mzee Kilonzo states that as far as Kamba customary norms are
concerned, Muoki and Mueni are legally married.
• Jomo Obama states that Alphonce referred to Faith Mueni as his
wife when he approached him for some construction work.
• Jomo Obama states that Faith Mueni used to sell milk at the market
so that she can take care of the family.
• Alphonce admitted to Alice Gachungwa that Faith had been his
girlfriend many years ago and that he had an 11 year old son,
Sebastian with her.
• Faith states that she has never received any financial support from
Alphonce to raise their children
 CASE THEORY
◈
40
Black’s Law Dictionary: These are the facts that a law suit
will be founded on and forms the basis of a right to sue.
◈ Case theory is adaptation of your story to the legal issues in
the case.
◈ The end goal in case analysis is to develop a case theory
which is the logical persuasive story of what really
happened. It gives a clear picture of the strengths and
weaknesses of a case.
◈ Combination of legal and factual aspects of your case that
would ultimately lead to a verdict in your favour
 Case Theory (Contd.)
◈
41
The facts and evidence that you preset must demonstrate
consistency, accurateness and persuasiveness to effectively
communicate your case theory
Elements of a good case theory
◈ Logical:must be based on a foundation of undisputed
facts which reinforce and never contradict each other
leading to a single direction
◈ Simple: maximises on undisputed facts, minimizes on what may
be hotly controverted, implausible, inadmissible or otherwise
difficult to prove
 Elements of a good case theory (Contd.)
◈
42
Speaks to the elements of the case: must be directed to prove
legal elements that are necessary to justify that a client’s case is
good/worthy and also that the law entitles the client to the relief
sought.
◈ Easy to believe: takes from everyday experience. An airtight
theory is able to encompass the entirety of the other side’s case and
still result in one’s victory by sheer logical force.
◈ A theory developed from case analysis should therefore be legally
sustainable, consistent with common sense, supported by
credible evidence and should be as fair as possible to your
client, the other side and administration of justice in general.
 CASE THEME
◈
43
A case theme is a much shorter version of your theory of the case. Your
theme is your theory boiled down to a sentence, a phrase, or even a word
or two.

◈ It is a memorable word or phrase that summarizes an advocate’s position on

a critical issue.

◈ Has no independent legal weight but gives persuasive force to one’s legal
arguments. Is emotionally compelling, focuses on people and creates
memorable images.

◈ Essentially, the theme grabs the attention of the Court in a simple singular
sentence meant to capture the theory of your case and to ultimately
persuade the case/verdict to your favour by appealing to its moral, personal
or other commonly held belief system; repeated at every phase of trial.
 Example of proposed case theme: Desmond Peters
(Defence)
◈ “A case of mistaken identity and an attempted
44

abuse of the process of the Court”

◈ The main reason for the choice of the theme is that the
defense case revolves around lack of unequivocal
identification of our client (Desmond Peters) by prosecution
witnesses.
THANK YOU FOR
YOUR TIME

ANY QUESTIONS?