CRIMINAL PROCEDURE CODE - Kenya Law Reports

1 LAWS OF Kenya . CRIMINAL PROCEDURE code . CHAPTER 75. Revised Edition 2012 [2010]. Published by the National Council for Law Reporting with the Authority of the Attorney-General [Rev. 2012] CAP. 75. CRIMINAL PROCEDURE code CHAPTER 75. CRIMINAL PROCEDURE code . ARRANGEMENT OF SECTIONS. PART 1 PRELIMINARY. Section 1. Short title. 2. Interpretation. 3. Trial of offences under Penal code and under other laws. PART II POWERS OF COURT. 4. Offences under Penal code . 5. Offences under other laws. 6. Sentences which High Court may pass. 7. Sentences which subordinate courts may pass. 8. Powers of Judicial Service Commission to extend jurisdiction of subordinate of courts. 9. Repealed. 10 Repealed. 11 Repealed. 12. Combination of sentences. 13. Repealed. 14. Sentences in cases of conviction of several offences at one trial.

2 15. Suspended sentences. 16. Repealed. 17. Repealed. 18 Repealed. 19. Repealed. 20. Repealed. PART III GENERAL PROVISIONS. ARREST, ESCAPE AND RETAKING. Arrest Generally 21. Arrest. 22. Search of place entered by person sought to be arrested. 23. Power to break out of house, etc., for purposes of liberation. 24. No unnecessary restraint. 25. Search of arrested persons. 26. Power to detain and search aircraft, vessels, vehicles and persons. 27. Mode of searching women. 28. Power to seize offensive weapons. Arrest without Warrant 29. Arrest by police officer without warrant. 3 [Issue 1]. CAP. 75 [Rev. 2012]. CRIMINAL PROCEDURE code Section 30. Arrest of vagabonds, habitual robbers, etc. 31. PROCEDURE when police officer deputes subordinate to arrest without warrant. 32. Refusal to give name and residence.

3 33. Disposal of persons arrested by police officer. 34. Arrest by private person. 35. Disposal of person arrested by private person. 36. Detention of persons arrested without warrant. 37. Police to report apprehensions. 38. Offence committed in magistrate's presence. 39. Arrest by magistrate. Escape and Retaking 40. Recapture of person escaping. 41. Provisions of sections 22 and 23 to apply to arrests under section 40. 42. Assistance to magistrate or police officer. PREVENTION OF OFFENCES. Security for Keeping the Peace and for Good Behaviour 43. Security for keeping the peace. 44. Security for good behaviour from persons disseminating seditious matter. 45. Security for good behaviour from suspected persons. 46. Security for good behaviour from habitual offenders. 47. Order to be made. 48. PROCEDURE in case of person present in court.

4 49. Summons or warrant in case of person not so present. 50. Copy of order under section 47 to accompany summons or warrant. 51. Power to dispense with personal attendance. 52. Inquiry as to truth of information. 53. Order to give security. 54. Discharge of person informed against. Proceedings in all Cases Subsequent to Order to Furnish Security 55. Commencement of period for which security is required. 56. Contents of bond. 57. Power to reject sureties. 58. PROCEDURE on failure of person to give security. 59. Power to release persons imprisoned for failure to give security. 60. Power of High Court to cancel bond. 61. Discharge of sureties. 61A. Breach of restriction order. PREVENTIVE ACTION OF THE POLICE. 62. Police to prevent cognizable offences. 63. Information of design to commit such offences. 64.

5 Arrest to prevent such offences. 65. Prevention of injury to public property. [Issue 1] 4. [Rev. 2012] CAP. 75. CRIMINAL PROCEDURE code PART IV PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS. PLACE OF TRIAL. Section 66. General authority of courts. 67. Accused person to be sent to district where offence committed. 68. Removal of accused person under warrant. 69. Powers of High Court. 70. Place and date of sessions of the High Court. 71. Ordinary place of inquiry and trial. 72. Trial at place where Act done or where consequence of offence ensures. 73. Trial where offence is connected with another offence. 74. Trial where place of offence is uncertain. 75. Offence committed on a journey. 76. High Court to decide in cases of doubt. 77. Court to be open. 77A. Repealed. Transfer of Cases 78. Transfer of case where offence committed outside jurisdiction.

6 79. Transfer of cases between magistrates. 80. Transfer of part-heard cases. 81. Power of High Court to change venue. CONTROL BY REPUBLIC IN CRIMINAL PROCEEDINGS. 82. Power of Director of Public Prosecutions to enter nolle prosequi. 83. Delegation of powers by Director of Public Prosecutions. 84. Repealed. APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF. PROSECUTIONS. 85. Power to appoint public prosecutors. 86. Powers of public prosecutors. 87. Withdrawal from prosecution in trials before subordinate courts. 88. Permission to conduct prosecution. INSTITUTION OF PROCEEDINGS. Making of Complaint 89. Complaint and charge. 90. Issue of summons or warrant. PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS. Summons 91. Form and contents of summons. 92. Service of summons. 93. Service when person summoned cannot be found.

7 94. PROCEDURE when service cannot be effected as before provided. 95. Service on servant of Government. 5 [Issue 1]. CAP. 75 [Rev. 2012]. CRIMINAL PROCEDURE code Section 96. Service on company. 97. Service outside local limits of jurisdiction. 98. Proof of service when serving officer not present. 99. Power to dispense with personal attendance of accused. Warrant of Arrest 100. Warrant after issue of summons. 101. Warrant on disobedience of summons. 102. Form, contents and duration of warrant. 103. Court may direct security to be taken. 104. Warrants, to whom directed. 105. Warrants may be directed to landholders, etc. 106. Execution of warrant directed to police officer. 107. Notification of substance of warrant. 108. Person arrested to be brought before court without delay. 109. Where warrant may be executed.

8 110. Forwarding of warrants for execution outside jurisdiction. 111. Warrant directed to police officer for execution outside jurisdiction. 112. PROCEDURE on arrest of person outside jurisdiction. 113. Irregularities in warrant. Miscellaneous Provisions Regarding Processes 114. Power to take bond for appearance. 115. Arrest for breach of bond. 116. Power of court to order prisoner to be brought before it. 117. Provisions of this Part generally applicable to summonses and warrants. SEARCH WARRANTS. 118. Power to issue search warrant. 119. Execution of search warrants. 120. Persons in charge of closed place to allow ingress and egress. 121. Detention of property seized. 122. Provisions applicable to search warrants. PROVISIONS AS TO BAIL. 123. Bail in certain cases. 124. Bail bond. 125. Discharge from custody.

9 126. Deposit instead of recognizance. 127. Power to order sufficient bail when that first taken is insufficient. 128. Discharge of sureties. 129. Death of surety. 130. Persons bound by recognizance absconding may be committed. 131. Forteiture of recognizance. 132. Appeal from and revision of orders. 133. Power to direct levy of amount due on certain recognizances. [Issue 1] 6. [Rev. 2012] CAP. 75. CRIMINAL PROCEDURE code CHARGES AND INFORMATION. Section 134. Offence to be specified in charge or information with necessary particulars. 135. Joinder of counts in a charge or information. 136. Joinder of two or more accused in one charge or information. 137. Rules for the framing of charges and informations. (a) Mode in which offences are to be charged. (b) Provisions as to statutory offences. (c) Description of property.

10 (d) Description of persons. (e) Description of document. (f) General rule as to description. (g) Statement of intent. (h) Mode of charging previous convictions. (i) Use of figures and abbreviations. (j) Gross sum may be specified in certain cases of stealing. Plea Agreements 137A. Plea Agreement negotiation. 137B. Plea Agreement on behalf of the Republic. 137C. Initiation of plea agreement. 137D. Consultation with victim, etc. 137E. Form of plea agreement. 137F. Recording of plea agreement by court. 137G. Competence of accused to make a plea agreement. 137H. Record of factual basis of plea. 137I. Address by parties. 137J. Rejection of plea agreement. 137K. Withdrawal of plea. 137L. Finality of judgement. 137M. Protection of plea agreement process. 137N. Application. 137O. Rules under this sub-Part. PREVIOUS conviction OR ACQUITTAL.