This Act may be cited as the Criminal Procedure Code.
In this Code, unless the context otherwise requires—
“cognizable offence” means an offence for which a police officer may, in accordance with the First Schedule or under any law for the time being in force, arrest without warrant;
“complaint” deleted by Act No. 7 of 2007, Sch.;
“drug related offence” means any specified in Part V of the Dangerous Drugs Act (Cap. 245) and includes the possession, manufacture, distribution or receipt of any drug of any quantity whatsoever;
“non-cognizable offence” means an offence for which a police officer may not arrest without warrant;
“officer in charge of a police station” includes any officer superior in rank to an officer in charge of a police station and also includes, when the officer in charge of the police station is absent from the station-house, or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to that officer, and is above the rank of constable, or, when the Inspector-General of the National Police Service so directs, any other police officer so present;
“plea agreement” means an agreement entered into between the prosecution and an accused person in a criminal trial in accordance with Part IV;
“police officer” means a police officer or an administration police officer;
“police station” means a place designated by the Inspector-General as a police station under section 40 of the National Police Service Act, 2011.
“prosecutor” means a public prosecutor or a person permitted by the court to conduct a prosecution under section 88 of the Act;
“public prosecutor” means the Director of Public Prosecutions, a state counsel, a person appointed under section 85 or a person acting under the direction of the Director of Public Prosecutions;
“Registrar of the High Court” includes a Deputy Registrar of the High Court and a district registrar of the High Court;
“summary trial” means a trial held by a subordinate court under Part VI.
[Act No. 39 of 1951, s. 2, Act No. 22 of 1959, s. 2, Act No. 15 of 1961, Sch., Act No. 28 of 1961, Sch., Act No. 36 of 1962, Sch., Act No. 13 of 1967, First Sch., Act No. 17 of 1967, s. 23, Act No. 8 of 1968, Sch., Act No. 13 of 1982, s. 2, L.N. 124/1964, Act No. 14 of 1991, Sch., Act No. 5 of 2003, s. 59, Act No. 7 of 2007, Act No. 11 of 2008, s. 2, Act No. 12 of 2012, Sch., Act No. 18 of 2018, Sch.]
Trial of offences under Penal Code and under other laws
Offences under Penal Code
Subject to this Code, an offence under the Penal Code (Cap. 63) may be tried by the High Court, or by a subordinate court by which the offence is shown in the fifth column of the First Schedule to this Code to be triable.
Offences under other laws
Sentences which High Court may pass
The High Court may pass any sentence authorized by law.
Sentences which subordinate courts may pass
Powers of Judicial Service Commission to extend jurisdiction of subordinate courts
The Judicial Service Commission may, by notice in the Gazette, extend the jurisdiction of any particular magistrate under section 7 either generally or in relation to particular offences triable by a court of a class which may be held by that magistrate, and a magistrate whose jurisdiction has been so extended may pass sentences thus authorized in cases where they are authorized by law.
Combination of sentences
Any court may pass a lawful sentence combining any of the sentences which it is authorized by law to pass.
[Act No. 17 of 1967, s. 26.]
Sentences in cases of conviction of several offences at one trial
Search of place entered by person sought to be arrested
Power to break out of house, etc., for purposes of liberation
A police officer or other person authorized to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Search of arrested persons
Whenever a person is arrested—
the police officer making the arrest, or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search that person and place in safe custody all articles, other than necessary wearing apparel, found upon him.
Power to detain and search aircraft, vessels, vehicles and persons
Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
Power to seize offensive weapons
The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.
Arrest without Warrant
Arrest by police officer without warrant
A police officer may, without an order from a magistrate and without a warrant, arrest—
Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause to be arrested—
Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause to be arrested—
Procedure when police officer deputes subordinate to arrest without warrant
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant under section 30, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
Refusal to give name and residence
Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.
Arrest by private person
Disposal of person arrested by private person
Detention of persons arrested without warrant
When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police station to which the person has been brought may in any case and shall, if it does not appear practicable to bring that person before an appropriate subordinate court within twenty-four hours after he has been so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his executing a bond, with or without sureties, for a reasonable amount to appear before a subordinate court at a time and place to be named in the bond, but where a person is retained in custody he shall be brought before a subordinate court as soon as practicable:
Provided that an officer in charge of a police station may release a person arrested on suspicion on a charge of committing an offence, when, after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.
[Act No. 22 of 1959, s. 6, Act No. 13 of 1988, Sch.]
Remand by court
Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons have been admitted to bail or not.
Offence committed in magistrate’s presence
When an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions of this Code as to bail, commit the offender to custody.
Arrest by magistrate
A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Escape and Retaking
Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Kenya.
Assistance to magistrate or police officer
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—
Disclosure by prosecution
PREVENTION OF OFFENCES[Sections 43 to 61A declared Unconstitutional by Constitutional Petition No. 45 of 2014]
Security for Keeping the Peace and for Good Behaviour
Security for keeping the peace
Security for good behaviour from persons disseminating seditious matter
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that there is within the limits of his jurisdiction a person who, within or without those limits, either orally or in writing or in any other manner, disseminates, or attempts to disseminate, or has recently disseminated, or in anyway abets the dissemination of—
the magistrate may, in the manner provided in this Code, require that person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.
[Act No. 33 of 1958, s. 2, Act No. 5 of 2003, s. 62.]
Security for good behaviour from suspected persons
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person is taking precautions to conceal his presence within the local limits of the magistrate’s jurisdiction, and that there is reason to believe that the person is taking those precautions with a view to committing an offence, the magistrate may, in the manner hereinafter provided, require that person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.
Security for good behaviour from habitual offenders
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person within the local limits of his jurisdiction—
the magistrate may, in the manner hereinafter provided, require that person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit, or why an order (hereinafter in this Part referred to as a restriction order) should not be made that he be taken to the district in which his home is situated and be restricted to that district during a period of three years:
Provided that where a magistrate is of the opinion that, having regard to all the circumstances of the case, it is desirable that the person be restricted to some other district he may specify that the person shall be so restricted.
[Act No. 57 of 1955, s. 4, Act No. 25 of 1971, 5.]
Order to be made
Procedure in case of person present in court
If the person in respect of whom an order under section 47 is made present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.
Summons or warrant in case of person not so present
If the person in respect of whom an order is made under section 47 is not present in court, the magistrate shall issue a summons requiring him to appear, or, when the person is in custody, a warrant directing the officer in whose custody he is to bring him before the court:
Provided that, whenever it appears to the magistrate upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate) that there is reason to fear the commission of a breach of the peace, and that a breach of the peace cannot be prevented otherwise than by the immediate arrest of the person, the magistrate may at any time issue a warrant for his arrest.
Copy of order under section 47 to accompany summons or warrant
Power to dispense with personal attendance
The magistrate may, if he sees sufficient cause, dispense with the personal attendance of a person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by an advocate.
Inquiry as to truth of information
Order to give security
Discharge of person informed against
If on an inquiry under section 52 it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should be subject to a restriction order or should execute a bond, the magistrate shall make an entry on the record to that effect, and, if the person is in custody only for the purposes of the inquiry, shall release him, or, if he is not in custody, shall discharge him.
Proceedings in all Cases Subsequent to Order to Furnish Security
Commencement of period for which security is required
Contents of bond
The bond to be executed by a person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.
Power to reject sureties
A magistrate may refuse to accept a surety offered under any of the preceding sections of this Part on the ground that, for reasons to be recorded by the magistrate, the surety is an unfit person.
Procedure on failure of person to give security
Power to release persons imprisoned for failure to give security
Whenever a magistrate empowered to hold a subordinate court of the first class is of the opinion that a person imprisoned for failing to give security may be released without hazard to the community, the magistrate shall make an immediate report of the case for the orders of the High Court, and that court may order the person to be discharged.
Discharge of surities
Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the district named in the order without the written permission of the chief officer of police of the district, or who fails to comply with any condition attached to that permission, shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months.
[Act No. 25 of 1971, s. 7.]
PREVENTIVE ACTION OF THE POLICE
Police to prevent cognizable offences
A police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of a cognizable offence.
Information of design to commit such offences
A police officer receiving information of a design to commit a cognizable offence shall communicate that information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of the offence.
Arrest to prevent such offences
A police officer knowing of a design to commit a cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented.
Prevention of injury to public property
A police officer may of his own authority interpose to prevent injury attempted to be committed in his view to public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
General authority of courts
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Kenya, or which according to law may be dealt with as if it had been committed within Kenya, and to deal with the accused person according to its jurisdiction.
Accused person to be sent to district where offence committed
Where a person accused of having committed an offence within Kenya has escaped or removed from the province or district within which the offence was committed and is found within another province or district, the court within whose jurisdiction he is found shall cause him to be brought before it, and shall, unless authorized to proceed in the case, send him in custody to the court within whose jurisdiction the offence is alleged to have been committed or require him to give security for his surrender to that court there to answer the charge and to be dealt with according to law.
Removal of accused person under warrant
Place and date of sessions of the High Court
Ordinary place of inquiry and trial
Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging the offence.
Trial at place where Act done or where consequence of offence ensures
When a person is accused of the commission of an offence by reason of anything which has been done or of any consequence which has ensued, the offence may be tried by a court within the local limits of whose jurisdiction the thing has been done or the consequence has ensued.
Trial where offence is connected with another offence
When an act is an offence by reason of its relation to another act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was done.
Trial where place of offence is uncertain
it may be tried by a court having jurisdiction over any of those local areas.
Offence committed on a journey
An offence committed whilst the offender is in the course of performing a journey or voyage may be tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.
High Court to decide in cases of doubt
Court to be open
Repealed by Act No. 5 of 2003, s. 65.
Transfer of Cases
Transfer of case where offence committed outside jurisdiction
Transfer of cases between magistrates
A magistrate holding a subordinate court of the first class—
Transfer of part-heard cases
If in the course of any trial before a magistrate the evidence appears to warrant a presumption that the case is one which should be tried by some other magistrate, he shall stay proceedings and submit the case with a brief report thereon to a magistrate holding a subordinate court of the first class empowered to direct the transfer of the case under section 79.
Power of High Court to change venue
CONTROL BY REPUBLIC IN CRIMINAL PROCEEDINGS
Power of Director of Public Prosecutions to enter nolle prosequi
Delegation of powers by Director of Public Prosecution
*The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by sections 81 and 82, and by Part VIII, be vested for the time being in the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public Prosecutor or a state counsel, and the exercise of those powers by the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public Prosecutor or a state counsel shall then operate as if they had been exercised by the Director of Public Prosecutions:
Provided that the Director of Public Prosecutions may in writing revoke an order made by him under this section.
Repealed by Act No. 5 of 2003, s. 69.
APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF PROSECUTIONS
Power to appoint public prosecutors
Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under trial or appeal; and if a private person instructs an advocate to prosecute in any such case the public prosecutor may conduct the prosecution, and the advocate so instructed shall act therein under his directions.
Withdrawal from prosecution in trials before subordinate courts
In a trial before a subordinate court a public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions**, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon withdrawal—
Permission to conduct prosecution
INSTITUTION OF PROCEEDINGS
Making of Complaint
Complaint and charge
Issue of summons or warrant
PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
Form and contents of summons
Service of summons
Service when person summoned cannot be found
Where a person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with an adult member of his family or with his servant residing with him or with his employer; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Procedure when service cannot be effected as before provided
If service in the manner provided by sections 92 and 93 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides and thereupon the summons shall be deemed to have been duly served.
Service on servant of Government
Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which that person is employed, and the head shall thereupon cause the summons to be served in the manner provided by section 92 and shall return it to the court under his signature with the endorsement required by that section, and the signature shall be evidence of the service.
[Act No. 22 of 1959, s. 11, Act No. 13 of 1967, First Sch., L.N. 474/1963, Act No. 13 of 1982, First Sch.]
Service on company
Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the principal officer of the corporation in Kenya at the registered office of the company or body corporate; and in the latter case service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Service outside local limits of jurisdiction
When a court desires that a summons issued by it shall be served at a place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.
Proof of service when serving officer not present
Power to dispense with personal attendance of accused
Warrant of Arrest
Warrant after issue of summons
Notwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.
Warrant on disobedience of summons
If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 99, the court may issue a warrant to apprehend him and cause him to be brought before it; but no warrant shall be issued unless a complaint has been made upon oath.
Form, contents and duration of warrant
Court may direct security to be taken
Warrants, to whom directed
Warrants may be directed to landholders, etc.
Execution of warrant directed to police officer
A warrant directed to a police officer may also be executed by another police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
Person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 103 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce that person.
Where warrant may be executed
A warrant of arrest may be executed at any place in Kenya.
Forwarding of warrants for execution outside jurisdiction
Warrant directed to police officer for execution outside jurisdiction
Procedure on arrest of person outside jurisdiction
Irregularities in warrant
An irregularity or defect in the substance or form of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at a trial, shall not affect the validity of any proceedings at or subsequent to the hearing of the case, but, if a variance appears to the court to be such that the accused has been thereby deceived or misled, the court may, at the request of the accused, adjourn the hearing of the case to some future date, and in the meantime remand the accused or admit him to bail.
Miscellaneous Provisions regarding Processes
Power to take bond for appearance
Where a person for whose appearance or arrest the officer presiding in a court is empowered to issue a summons or warrant is present in court, the officer may require the person to execute a bond, with or without sureties, for his appearance in that court.
Arrest for breach of bond
When a person who is bound by a bond taken under this Code to appear before a court does not so appear, the officer presiding may issue a warrant directing that the person be arrested and produced before him.
Power of court to order prisoner to be brought before it
Provisions of this Part generally applicable to summonses and warrants
The provisions of this Part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.
Power to issue search warrant
Where it is proved on oath to a court or a magistrate that anything upon, with or in respect of which an offence has been committed, or anything which is necessary for the conduct of an investigation into an offence, is, or is reasonably suspected to be, in any place, building, ship, aircraft, vehicle, box or receptacle, the court or a magistrate may by written warrant (called a search warrant) authorize a police officer or a person named in the search warrant to search the place, building, ship, aircraft, vehicle, box or receptacle (which shall be named or described in the warrant) for that thing and, if the thing be found, to seize it and take it before a court having jurisdiction to be dealt with according to law.
[Act No. 22 of 1959, s. 12, Act No. 10 of 1983, Sch.]
Ex-parte application for search warrant
An application for a search warrant under section 118 shall be made ex-parte to a magistrate.
Execution of search warrants
A search warrant may be issued on any day (including Sunday), and may be executed on any day (including Sunday) between the hours of sunrise and sunset, but the court may, by the warrant authorize the police officer or other person to whom it is addressed to execute it at any hour.
Persons in charge of closed place to allow ingress and egress
Detention of property seized
PROVISIONS AS TO BAIL
Bail in certain cases
Exception to right to bail
Before a person is released on bail or on his own recognizance, a bond for such sum as the court or police officer thinks sufficient shall be executed by that person, and, when he is released on bail, by one or more sufficient sureties, conditioned that the person shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the court or police officer.
Discharge from custody
Deposit instead of recognizance
When a person may be required by a court or officer to execute a bond, with or without sureties, the court or officer may, except in the case of a bond for good behaviour, require him to deposit a sum of money to such amount as the court or officer may fix, or to deposit property, in lieu of executing a bond.
Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.
Discharge of sureties
Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.
Persons bound by recognizance absconding may be committed
If it is made to appear to a court, by information on oath, that a person bound by recognizance is about to leave Kenya, the court may cause him to be arrested and may commit him to prison until the trial, unless the court sees fit to admit him to bail upon further recognizance.
Forfeiture of recognizance
Appeal from and revision of orders
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
Power to direct levy of amount due on certain recognizances
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
CHARGES AND INFORMATIONS
Offence to be specified in charge or information with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.
Joinder of counts in a charge or information
Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together—
Rules for the framing of charges and informations
The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code, not be open to objection in respect of its form or contents if it is framed in accordance with this Code—
Plea agreement negotiation
Plea agreement on behalf of the Republic
A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9) of the Constitution and any other person authorized by any written law to prosecute:
Provided that in any trial before a subordinate court, a public prosecutor may with the prior written approval of the Director of Public Prosecutions or officers subordinate to him, as the case may be, enter into a plea agreement in accordance with section 137A(1).
Initiation of plea agreement
Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section 137A—
Form of plea agreement
A plea agreement shall be in writing, and shall—
Recording of plea agreement by court
Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.
Record of factual basis of plea
Address by parties
Rejection of plea agreement
Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement—
Finality of judgement
Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose except for the purpose of this Part.
PREVIOUS CONVICTION OR ACQUITTAL
Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.
Person may be tried again for separate offence
A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on the former trial under section 135(1).
Consequences supervening or not known at time of former trial
A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from that for which he was convicted or acquitted may be afterwards tried for the last-mentioned offence, if the consequences had not happened or were not known to the court to have happened at the time when he was acquitted or convicted.
Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequently charged with and tried for another offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged.
Mode of proof of previous conviction
OFFENCES BY FOREIGNERS WITHIN TERRITORIAL WATERS
Leave of Director of Public Prosecutions necessary before prosecution instituted
COMPELLING ATTENDANCE OF WITNESSES
Summons for witness
Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring him before the court at the time and place as shall be therein specified.
Warrant for witness in first instance
If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified.
Mode of dealing with witness arrested under warrant
When a witness is arrested under a warrant, the court may, on his furnishing security by recognizance to the satisfaction of the court for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish security, order him to be detained for production at the hearing.
Power of court to order prisoner to be brought up for examination
Penalty for non-attendance of witness
EXAMINATION OF WITNESSES
Power to summon witnesses, or examine person present
A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine a person already examined, and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case:
Provided that the prosecutor or the advocate for the prosecution or the defendant or his advocate shall have the right to cross-examine any such person, and the court shall adjourn the case for such time (if any) as it thinks necessary to enable the cross-examination to be adequately prepared if, in its opinion, either party may be prejudiced by the calling of that person as a witness.
Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
[Act No. 42 of 1954, s. 4.]
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
Issue of commission for examination of witness
Parties may examine witnesses
Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinate court of the first class, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the magistrate shall apply to the High Court, stating the reasons for the application; and the High Court may either issue a commission in the manner provided in section 154 or reject the application.
Return of commission
EVIDENCE FOR DEFENCE
Procedure where person charged is only witness
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.
Right of reply
In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply:
Provided that the Director of Public Prosecutions when appearing personally as advocate for the prosecution shall in all cases have the right of reply.
PROCEDURE IN CASE OF THE LUNACY OR OTHER INCAPACITY OF AN ACCUSED PERSON
Inquiry by court as to soundness of mind of accused
Procedure where person of unsound mind subsequently found capable of making defence
Resumption of proceedings or trial
Wherever a trial is postponed under section 162 or section 280, the court may at any time, subject to the provisions of section 163, resume trial and require the accused to appear or be brought before the court, whereupon, if the court considers the accused to be still incapable of making his defence, it shall act as if the accused were brought before if for the first time.
[Act No. 5 of 2003, s. 73.]
Repealed by Act No. 5 of 2003, s. 74.
Defence of lunacy adduced at trial[Section 166 declared Unconstitutional by Criminal Case No 6 of 2011]
Procedure when accused does not understand proceedings[Section 167 declared Unconstitutional by Criminal Appeal No. 59 of 2014]
Mode of delivering judgment
Contents of judgment
Copy of judgment, etc., to be given to accused on application
On the application of the accused person, a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay.
[Act No. 5 of 2003, s. 76.]
COSTS AND COMPENSATION
Power to order costs against accused or private prosecutor
Right of appeal from order as to costs
An appeal shall lie from an order awarding costs under section 171, if made by a magistrate to the High Court and if by a judge to the Court of Appeal; and the appellate court may give costs of the appeal as it shall deem reasonable.
Costs and compensation to be specified in order, how recoverable
Orders for compensation and expenses
Promotion of reconciliation
In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private nature not amounting to felony, and not aggravated in degree, on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed or terminated.
RESTITUTION OF PROPERTY
Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
When offence proved is included in offence charged
Persons charged with any offence may be convicted of attempt
When a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.
Charges of certain offences respecting infant and unborn children, and abortion, etc.
Charge of manslaughter in connexion with driving of motor vehicle
When a person is charged with manslaughter in connexion with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an offence under section 46 of the Traffic Act (Cap. 403), he may be convicted of that offence although he was not charged with it.
[Act No. 29 of 1967, First Sch.]
Charge of administering oaths
Where a person is charged with an offence under paragraph (a) of section 61 of the Penal Code (Cap. 63), and the court is of the opinion that he is not guilty of that offence but is guilty of another offence under the same paragraph, he may be convicted of that other offence although he was not charged with it.
Charge of rape
Where a person is charged with rape and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he may be convicted of that offence although he was not charged with it.
[Act No. 3 of 2006, Second Sch.]
Charge of defilement of a girl under 14 years of age
When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under the Sexual Offences Act, he may be convicted of that offence although he was not charged with it.
Charge of Burglary, etc.
When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of another offence mentioned in that Chapter, he may be convicted of that other offence although he was not charged with it.
Charge of stealing
When a person is charged with stealing anything and—
Charge of obtaining by false pretences
When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is proved that he stole the thing, he may be convicted of the offence of stealing although he was not charged with it.
Charge of stock theft under the Penal Code
When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under section 9 of the Stock and Produce Theft Act (Cap. 355), he may be convicted of that offence although he was not charged with it.
Construction of sections 179 to 190
The provisions of sections 179 to 190, both inclusive, shall be construed as in addition to, and not in derogation of, the provisions of any other Act and the other provisions of this Code, and the provisions of sections 180 to 190, both inclusive, shall be construed as being without prejudice to the generality of the provisions of section 179.
Person charged with misdemeanour not to be acquitted if felony proved, unless court so directs
If on a trial for a misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of the misdemeanour; and no person tried for the misdemeanour shall be liable afterwards to be prosecuted for a felony on the same facts, unless the court thinks fit to direct that person to be prosecuted for felony, whereupon he may be dealt with as if not previously put on trial for misdemeanour.
Right of accused to be defended
A person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in a criminal court, may of right be defended by an advocate.
Concurrent criminal and civil proceedings
Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be a ground for any stay, prohibition or delay of the criminal proceedings.
[Act No. 5 of 2003, s. 79.]
Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in a trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any).
Repealed by Act No. 46 of 1963, Second Sch.
Manner of recording evidence before magistrate
Interpretation of evidence to accused or his advocate
Remarks respecting demeanour of witness
When a magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of the witness whilst under examination.
Conviction on evidence partly recorded by one magistrate and partly by another
Rules as to taking down of evidence
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
Non-appearance of complainant at hearing
If, in a case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall thereupon acquit the accused, unless for some reason it thinks it proper to adjourn the hearing of the case until some other date, upon such terms as it thinks fit, in which event it may, pending the adjourned hearing, either admit the accused to bail or remand him to prison, or take security for his appearance as the court thinks fit.
[Act No. 10 of 1969, Sch.]
Appearance of both parties
If at the time appointed for the hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section 99, the court shall proceed to hear the case.
Withdrawal of complaint
If a complainant, at any time before a final order is passed in a case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, the court may permit him to withdraw it and shall thereupon acquit the accused.
Non-appearance of parties after adjournment
Accused to be called upon to plead
Procedure on plea of not guilty
Acquittal of accused person when no case to answer
If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case and shall forthwith acquit him.
Evidence in reply
If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor to adduce evidence in reply to rebut that matter.
Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and order as in a trial under this Code before the High Court.
[Act No. 13 of 1967, s. 2.]
Variance between charge and evidence, and amendment of charge
The court having heard both the complainant and the accused person and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to law, or shall acquit him.
Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused person under section 215, receive such evidence as it thinks fit in order to inform itself as to the sentence or order properly to be passed or made.
[Act No. 22 of 1959, s. 26.]
Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.
Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proof be a bar to a subsequent information or complaint for the same matter against the same accused person.
LIMITATIONS AND EXCEPTIONS RELATING TO TRIALS BEFORE SUBORDINATE COURTS
Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence the maximum punishment for which does not exceed imprisonment for six months, or a fine of one thousand shillings, or both, shall be triable by a subordinate court, unless the charge or complaint relating to it is laid within twelve months from the time when the matter of the charge or complaint arose.
Repealed by Act No. 5 of 2003, s. 80.
Committal to higher court for sentence
Repealed by Act No. 5 of 2003, s. 83.
Pleading to information
The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court sees cause otherwise to order, and the information shall be read over to him by the Registrar or other officer of the court, and explained if need be by that officer or interpreted by the interpreter of the court, and the accused person shall be required to plead instantly thereto,
unless, where the accused person is entitled to service of a copy of the information, he objects to the want of service, and the court finds that he has not been duly served therewith.
Orders for amendment of information, separate trial, and postponement of trial
Quashing of information
Procedure in case of previous convictions
Where an information contains a count charging an accused person with having been previously convicted for an offence, the procedure shall be as follows—
Provided that, if upon the trial of a person for a subsequent offence that person gives evidence of his own good character, the advocate for the prosecution, in answer thereto, may give evidence of the conviction of that person for the previous offence or offences before a verdict of guilty is returned, and the court and assessors shall inquire concerning the previous conviction or convictions at the same time that they inquire concerning the subsequent offence.
Effect of plea of “not guilty”
An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of “not guilty” shall, without further form, be deemed to have put himself upon the country for trial.
Plea of autrefois acquit and autrefois convict
Refusal to plead
Plea generally and application of Part IVA
Power to postpone or adjourn proceedings
CASE FOR THE PROSECUTION
Repealed by Act No. 5 of 2003, s. 84.
Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution.
Repealed by Act No. 5 of 2003, s. 85.
Close of case for prosecution
CASE FOR THE DEFENCE
Evidence in reply
If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by the exercise of reasonable diligence have foreseen, the court may allow the advocate for the prosecution to adduce evidence in reply to rebut it.
If the accused person, or any one of several accused persons, adduces any evidence, the advocate for the prosecution shall, subject to the provisions of section 161, be entitled to reply.
Where accused adduces no evidence
If the accused person says that he does not intend to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then sum up the case against the accused person, and the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.
CLOSE OF HEARING
Delivery of judgment
Calling upon the accused
If the judge convicts the accused person, or if the accused person pleads guilty, the Registrar or other officer of the court shall ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings.
Motion in arrest of judgment
If no motion in arrest of judgment is made, or if the court decides against the accused person upon a motion, the court may sentence the accused person at any time during the session.
Power to reserve decision on question raised at trial
The court before which a person is tried for an offence may reserve the giving of its final decision on questions raised at the trial, and its decision whenever given shall be considered as given at the time of the trial.
Power to reserve questions arising in the course of the trial
Objections cured by verdict
No judgment shall be stayed or reversed on the ground of an objection which, if stated after the information was read over to the accused person, or during the progress of the trial, might have been amended by the court, nor for any informality in swearing the witnesses or any of them.
Evidence for arriving at a proper sentence
The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the proper sentence to be passed.
In this Part—
“family victim”, in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence;
“member of the primary victim’s immediate family” means—
“personal harm” means actual physical bodily harm, mental illness or nervous shock;
“primary victim”, in relation to an offence, means—
“victim” means a primary victim or a family victim;
“victim impact statement” means a statement containing particulars of—
Application of Part
This Part applies in relation to an offence that is being dealt with by any court, where the offence results in the death of, or actual physical bodily harm to, any person.
When victim impact statements may be received and considered
Victim impact statements discretionary
Formal requirements for victim impact statements
Rules of court
The Chief Justice may make any rules of court necessary or expedient to be made for carrying this Part into effect.
Accused to be informed of right to appeal
When an accused person is sentenced to death, the court shall inform him of the time within which, if he wishes to appeal, his appeal should be preferred.
Authority for detention
A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the person condemned, shall be sufficient authority for the detention of that person.
Record and report to be sent to President
Warrant in case of sentence of imprisonment
Warrant for levy of fine, etc.
Objections to attachment
Suspension of execution of sentence of imprisonment in default of fine
Commitment for want of distress
If the officer having the execution of a warrant of distress reports that he could find no property or not sufficient property whereon to levy the money mentioned in the warrant with expenses, the court may by the same or a subsequent warrant commit the person ordered to pay to prison for a time specified in the warrant, unless the money and all expenses of the distress, commitment and conveyance to prison, to be specified in the warrant, are sooner paid.
Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.
Payment in full after commitment
A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorized (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter.
Part payment after commitment
Who may issue warrant
A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office.
Limitation of imprisonment for non-payment of fine, etc.
No commitment for non-payment shall be for a longer period than six months, unless the law under which the conviction has taken place enjoins or allows a longer period.
Person twice convicted may be subject to police supervision
Requirements from persons subject to police supervision
Automatic police supervision
Failure to comply with requirements under section 344
Errors and omissions in orders and warrants
The court may at any time amend a defect in substance or in form in an order or warrant, and no omission or error as to the time and place, and no defect in form in an order or warrant given under this Code, shall be held to render void or unlawful an act done or intended to be done by virtue of that order or warrant, provided that it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment, and there is a valid conviction or judgment to sustain it.
Appeal to High Court
No appeal on plea of guilty, nor in petty cases
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
[Act No. 17 of 1967, s. 31.]
Right of appeal against acquittal, order of refusal or order of dismissal
Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
Petition of appeal
Appellant in prison
If the appellant is in prison, he may present his petition of appeal and the copies accompanying it to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court.
Summary rejection of appeal
Summary allowance of appeal
Where an appeal against conviction has been lodged and a judge of the High Court is satisfied that the conviction cannot be supported, and the Director of Public Prosecutions has informed the court in writing that he does not support the conviction, the judge may summarily allow the appeal.
Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the respondent or his advocate, of the time and place at which the appeal will be heard, and shall furnish the respondent or his advocate with a copy of the proceedings and of the grounds of appeal.
Powers of High Court
Order of the High Court to be certified to lower court
Bail and stay of execution pending the entering of an appeal
Admission to bail or suspension of sentence pending appeal
Power to take further evidence
Number of judges on an appeal
Abatement of appeals
Every appeal from a subordinate court (except an appeal from a sentence of a fine) shall finally abate on the death of the appellant.
Power of High Court to call for records
The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.
Subordinate court may call for records of inferior court
Powers of High Court on revision
Discretion of court as to hearing parties
No party has a right to be heard either personally or by an advocate before the High Court when exercising its powers of revision:
Provided that the court may, when exercising those powers, hear any party either personally or by an advocate, and nothing in this section shall affect section 364(2).
Number of judges in revision
All proceedings before the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge:
Provided that when the court is composed of more than one judge and the court is equally divided in opinion, the sentence or order of the subordinate court shall be upheld.
High Court order to be certified to lower court
When a case is revised by the High Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.
Repealed by Act No. 13 of 1967, s. 5.
APPEALS FROM THE HIGH COURT
Appeals from High Court to Court of Appeal
Appeal to the Court of Appeal on High Court’s original jurisdiction
In proceedings under section 203 or 296 (2) of the Penal Code, the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances (Control) Act, the Prevention of Organized Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act and the Counter-Trafficking in Persons Act, where the High Court, in exercise of its original jurisdiction, has granted bail or bond to an accused person, the Director of Public Prosecution, may, as of right, appeal against that decision to the court of appeal and the order may be stayed for a period not exceeding fourteen days pending the filing of an appeal.
[Act No. 19 of 2014, s. 21.]
Proceedings in wrong place
No finding, sentence or order of a criminal court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a wrong area, unless it appears that the error has occasioned a failure of justice.
Finding or sentence when reversible by reason of error or omission in charge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during the trial or in any inquiry or other proceedings under this Code, unless the error, omission or irregularity has occasioned a failure of justice:
Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the court shall have regard to the question whether the objection could and should have been raised at an earlier stage in the proceedings.
Distress not illegal for defect in proceedings
No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of a defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto.
Statements irregularly taken under section 246
INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONS BELIEVED TO BE DEAD
Magistrates empowered to hold inquests
Police to inquire and report on suicide, etc.
Inquiry by magistrate into cause of death
Powers of Director of Public Prosecutions as to inquiries into cause of death
DIRECTIONS IN THE NATURE OF HABEAS CORPUS
Power to issue directions of the nature of habeas corpus
Procedure on forfeiture of goods
Persons before whom affidavits may be sworn
Affidavits and affirmations to be used before the High Court may be sworn and affirmed before a judge of the High Court, a magistrate, the Registrar or Deputy Registrar of the High Court or a commissioner for oaths.
Shorthand notes of proceedings
Shorthand notes may be taken of the proceedings at the trial of a person before the High Court or a subordinate court, and a transcript of those notes shall be made if the court so directs, and the transcript shall for all purposes be deemed to be the official record of the proceedings at the trial.
[Act No. 22 of 1959, s. 41.]
Right to copies of proceedings
If a person affected by a judgment or order passed in proceedings under this Code desires to have a copy of the judgment or order or any deposition or other part of the record, he shall on applying for the copy be furnished therewith provided he pays for it, unless the court for some special reason thinks fit to furnish it free of cost.
Forms which the High Court may from time to time approve, with such variations as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Expenses of assessors, witnesses, etc.
Subject to any rules which may be made by the Minister, any court may order payment on the part of the Government of the reasonable expenses of a complainant or witness attending before the court for the purposes of an inquiry, trial or other proceeding under this Code.
OFFENCES UNDER THE PENAL CODE
EXPLANATORY NOTE. — The entries in the second and fourth columns of this Schedule, headed respectively “Offence” and “Punishment under the Penal Code”, are not intended as definitions of the offences and punishments described in the several corresponding sections of the Penal Code or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the first column.
CHAPTER VI – PUNISHMENTS
CHAPTER XXII – OFFENCES ENDANGERING LIFE AND HEALTH
CHAPTER XXVIII – ROBBERY AND EXTORTION
1 – MURDER
Murder, contrary to section 204 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the ………. day of ……………………, 20 ……….., in ……………………………. District within the ………………………….. Province murdered J.S.
2 – ACCESSORY AFTER THE FACT TO MURDER
Accessory after the fact to murder, contrary to section 222 of the Penal Code
PARTICULARS OF OFFENCE
A.B., well knowing that one, H.C., did on the ……… day of ………………, in ………………… District within the …………………… Province and on other days thereafter receive, comfort, harbor, assist and maintain the said H.C.
3 – MANSLAUGHTER
Manslaughter, contrary to section 205 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the …………. day of ……………………, 20 ……….., in ……………………………. District within the ……………………………….. Province, unlawfully killed J.S.
4 – RAPE
Rape, contrary to section 140 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the …….. day of ………………., 20 ……, in ……………….. District within the …………………… Province, had carnal knowledge of E.F., without her consent.
5 – WOUNDING
Wounding with intent, contrary to section 231 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the …….. day of ………………., 20 ……, in ……………….. District within the …………………… Province, wounded C.D., with intent to maim, disfigure or disable, or to do some grievous harm, or to resist the lawful arrest of him the said A.B.
Wounding, contrary to section 237 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the …….. day of ………………., 20 ……., in ……………….. District within the …………………… Province, unlawfully wounded C.D.
6 – THEFT
7 – THEFT BY CLERK
Stealing by clerks and servants, contrary to section 281 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the ……… day of ………………., 20 …….., in ……………………… District within the ………………………………. Province, being clerk or servant to M.N., stole from the said M.N. ten yards of cloth.
8 – ROBBERY
Robbery with violence, contrary to section 296 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the …………………. day of ……………………, 20 …………., in ……………………………. District within the ………………………………… Province, robbed C.D., of a watch, and at, or immediately before or immediately after, the time of such robbery did use personal violence to the said C.D.
9 – BURGLARY
PARTICULARS OF OFFENCE
A.B., in the night of the …………………. day of ……………………, 20 …………., in ……………………………. District within the ………………………………… Province, did break and enter the dwelling-house of C.D., with intent to steal therein, and did steal therein on watch, the property of S.T., the said watch being of the value of sh. 200.
10 – THREATS
11 – ATTEMPTS TO EXTORT
12 – FALSE PRETENCES
13 – CONSPIRACY TO DEFRAUD
14 – ARSON
15 – ARSON AND ACCESSORY BEFORE THE FACT
16 – DAMAGE
17 – FORGERY
18 – COUNTERFEIT COIN
19 – PERJURY
20 – DEFAMATORY LIBEL
21 – FALSE ACCOUNTING
22 – THEFT BY AGENT
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