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
www.kenyalaw.org
[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 Repealed.
10 Repealed.
11 Repealed.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 Repealed.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.
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 Repealed.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 Repealed.
18 Repealed.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 Repealed.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 Repealed.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.

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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.
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.
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. Arrest to prevent such offences.
65. Prevention of injury to public property.

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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.
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.
94. Procedure when service cannot be effected as before provided.
95. Service on servant of Government.

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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.
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.
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.

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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.
(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

138. Persons convicted or acquitted not to be tried again for same offence.
139. Person may be tried again for separate offence.
140. Consequences supervening or not known at time of former trial.
141. Where original court was not competent to try subsequent charge.
142. Mode of proof of previous conviction.

OFFENCES BY FOREIGNERS WITHIN TERRITORIAL WATERS

143. Leave of Director of Public Prosecutions necessary before prosecution instituted.

COMPELLING ATTENDANCE OF WITNESSES

144. Summons for witness.
145. Warrant for witness who disobeys summons.

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146. Warrant for witness in first instance.
147. Mode of dealing with witness arrested under warrant.
148. Power of court to order prisoner to be brought up for examination.
149. Penalty for non-attendance of witness.

EXAMINATION OF WITNESSES
150. Power to summon witnesses, or examine person present.
151. Evidence to be given on oath.
152. Refractory witnesses.
153. Repealed.

COMMISSIONS FOR THE EXAMINATION OF WITNESSES

154. Issue of commission for examination of witness.
155. Parties may examine witnesses.
156. Power of magistrate to apply for issue of commission.
157. Return of commission.
158. Adjournment of inquiry or trial.

EVIDENCE FOR DEFENCE

159. Repealed.
160. Procedure where person charged is only witness.
161. Right of reply.

PROCEDURE IN CASE OF THE LUNACY OR OTHER INCAPACITY OF AN

ACCUSED PERSON
162. Inquiry by court as to soundness of mind of accused.
163. Procedure where person of unsound mind subsequently found capable of making
defence.
164. Resumption of proceedings or trial.
165. Repealed.
166. Defence of lunacy adduced at trial.
167. Procedure when accused does not understand proceedings.

JUDGMENT
168. Mode of delivering judgment.
169. Contents of judgment.
170. Copy of judgment, etc., to be given to accused on application.

COSTS AND COMPENSATION

171. Power to award costs against accused or private prosecutor.
172. Right of appeal from order as to costs.
173. Repealed.
174. Costs and compensation to be specified in order, how recoverable.
175. Power of courts to award expenses or compensation out of fine.
176. Promotion of reconciliation.

RESTITUTION OF PROPERTY
177. Property found on accused person.
178. Property stolen.

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CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED

Section
179. When offence proved is included in offence charged.
180. Persons charged with any offence may be convicted of attempt.
181. Charges of certain offences respecting infant and unborn children, and abortion,
etc.
182. Charge of manslaughter in connexion with driving of motor vehicle.
183. Charge of administering oaths.
184. Charge of rape.
185. Repealed.
186. Charge of defilement of a girl under 14 years of age.
187. Charge of Burglary, etc.
188. Charge of stealing.
189. Charge of obtaining by false pretences.
190. Charge of stock theft under the Penal Code.
191. Construction of sections 179 to 190.

MISCELLANEOUS PROVISIONS
192. Person charged with misdemeanour not to be acquitted if felony proved, unless
court so directs.
193. Right of accused to be defended.
193A. Concurrent criminal and civil proceedings.

PART V – MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS

GENERAL
194. Evidence to be taken in presence of accused.
195. Repealed.
196. Repealed.

SUBORDINATE COURTS
197. Manner of recording evidence before magistrate.
198. Interpretation of evidence to accused or his advocate.
199. Remarks respecting demeanour of witness.
200. Conviction on evidence partly recorded by one magistrate and partly by another.

HIGH COURT
201. Rules as to taking down of evidence.

PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES

202. Non-appearance of complainant at hearing.
203. Appearance of both parties.
204. Withdrawal of complaint.
205. Adjournment.
206. Non-appearance of parties after adjournment.
207. Accused to be called upon to plead.
208. Procedure on plea of not guilty.

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209. Repealed.
210. Acquittal of accused person when no case to answer.
211. Defence.
212. Evidence in reply.
213. Order of speeches.
214. Variance between charge and evidence, and amendment of charge.
215. Decision.
216. Evidence relative to proper sentence or order.
217. Drawing up of conviction or order.
218. Order of acquittal bar to further procedure.

LIMITATIONS AND EXCEPTIONS RELATING TO TRIALS BEFORE

SUBORDINATE COURTS
219. Limitation of time for summary trials in certain cases.
220. Repealed.
221. Committal to higher court for sentence.

PART VII – (Sections 222 to 229) [Repealed]

222. Repealed.
223. Repealed.
224. Repealed.
225. Repealed.
226. Repealed.
227. Repealed.
228. Repealed.
229. Repealed.

PART VIII – PROVISIONS RELATING TO THE COMMITAL OF ACCUSED

PERSONS FOR TRIAL BEFORE THE HIGH COURT

COMMITAL PROCEEDINGS BY SUBORDINATE COURTS

230. Repealed.
231. Repealed.
232. Repealed.
233. Repealed.
234. Repealed.
235. Repealed.
236. Repealed.
237. Repealed.
238. Repealed.
239. Repealed.
240. Repealed.
241. Repealed.
242. Repealed.
243. Repealed.
244. Repealed.
245. Repealed.

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246. Repealed.
247. Repealed.
248. Repealed.
249. Repealed.
250. Repealed.
251. Repealed.
252. Repealed.
253. Repealed.
254. Repealed.
255. Repealed.
256. Repealed.
256. Repealed.
257. Repealed.
258. Repealed.
259. Repealed.
260. Repealed.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

261. Repealed.
262. Repealed.
263. Repealed.
264. Repealed.
265. Repealed.
266. Repealed.
267. Repealed.
268. Repealed.
269. Repealed.
270. Repealed.
271. Repealed.
272. Repealed.
273. Repealed.

ARRAIGNMENT
274. Pleading to information.
275. Orders for amendment of information, separate trial, and postponement of trial.
276. Quashing of information.
277. Procedure in case of previous convictions.
278. Effect of plea of “not guilty”.
279. Plea of autrefois acquit and autrefois convict.
280. Refusal to plead.
281. Plea generally and application of Part IVA.
282. Procedure on plea of “not guilty”.
283. Power to postpone or adjourn proceedings.
284 Repealed.
285. Repealed.

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286. Repealed.
287. Repealed.
288. Repealed.
289. Repealed.
290. Repealed.
291. Repealed.
292. Repealed.
293. Repealed.
294. Repealed.
295. Repealed.
296. Repealed.
297. Repealed.
298. Repealed.
299. Repealed.

CASE FOR THE PROSECUTION

300. Opening of case for prosecution.
301. Repealed.
302. Cross-examination of witnesses for prosecution.
303. Repealed.
304. Repealed.
305. Repealed.
306. Close of case for prosecution.

CASE FOR THE DEFENCE

307. Defence.
308. Additional witnesses for the defence.
309. Evidence in reply.
310. Prosecutor’s reply.
311. Where accused adduces no evidence.
312. Repealed.
313. Repealed.
314. Repealed.
315. Repealed.
316. Repealed.
317. Repealed.
318. Repealed.
319. Repealed.
320. Repealed.
321. Repealed.

CLOSE OF HEARING
322. Delivery of judgement.

PASSING SENTENCE
323. Calling upon the accused.
324. Motion in arrest of judgement.

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325. Sentence.
326. Power to reserve decision on question raised at trial.
327. Power to reserve questions arising in the course of the trial.
328. Objections cured by verdict.
329. Evidence for arriving at a proper sentence.

PART IXA – VICTIM IMPACT STATEMENTS

329A. Interpretation
329B. Application of Part.
329C. When victim impact statements may be received and considered.
329D. Victim impact statements discretionary.
329E. Formal requirements for victim impact statements.
329F. Rules of court.

PART X – SENTENCES AND THEIR EXECUTIONS

SENTENCE OF DEATH
330. Accused to be informed of right to appeal.
331. Authority for detention.
332. Record and report to be sent to President.

OTHER SENTENCES
333. Warrant in case of sentence of imprisonment.
334. Warrant for levy of fine, etc.
335. Objections to attachment.
336. Suspension of execution of sentence of imprisonment in default of fine.
337. Commitment for want of distress.
338. Commitment in lieu of distress.
339. Payment in full after commitment.
340. Part payment after commitment.
341. Who may issue warrant.
342. Limitation of imprisonment for non-payment of fine, etc.
343. Repealed.
344. Repealed.
345. Repealed.

DEFECTS IN ORDER OR WARRANT

346. Errors and omissions in orders and warrants.

PART XI – APPEALS

APPEALS FROM SUBORDINATE COURTS

Appeals
347. Appeal to High Court.
348. No appeal on plea of guilty, nor in petty cases.
348A. Right of appeal against acquittal, order of refusal or order of dismissal.
349. Limitation of time of appeal.

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350. Petition of appeal.
351. Appellant in prison.
352. Summary rejection of appeal.
352A. Summary allowance of appeal.
353. Notice of time and place of hearing.
354. Powers of High Court.
355. Order of the High Court to be certified to lower court.
356. Bail and stay of execution pending the entering of an appeal.
357. Admission to bail or suspension of sentence pending appeal.
358. Power to take further evidence.
359. Number of judges on an appeal.
360. Abatement of appeals.
361. Second appeals.

Revision
362. Power of High Court to call for records.
363. Subordinate court may call for records of inferior court.
364. Powers of High Court on revision.
365. Discretion of court as to hearing parties.
366. Number of judges in revision.
367. High Court order to be certified to lower court.
368. Repealed.
369. Repealed.
370. Repealed.
371. Repealed.
372. Repealed.
373. Repealed.
374. Repealed.
375. Repealed.
376. Repealed.
377. Repealed.
378. Repealed.

APPEALS FROM THE HIGH COURT

379. Appeals from High Court to Court of Appeal.

PART XII – SUPPLEMENTARY PROVISIONS

IRREGULAR PROCEEDINGS
380. Proceedings in wrong place.
381. Repealed.
382. Finding or sentence when reversible by reason of error or omission in charge or
other proceedings.
383. Distress not illegal for defect in proceedings.
384. Statements irregularly under section 246.

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INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONS

BELIEVED TO BE DEAD

Section
385. Magistrates empowered to hold inquests.
386. Police to inquire and report on suicide, etc.
387. Inquiry by magistrate into cause of death.
388. Powers of Director of Public prosecutions as to inquiries into cause of death.

DIRECTIONS IN THE NATURE OF HABEAS CORPUS

389. Power to issue directions of the nature of a habeas corpus.
389A. Procedure on forfeiture of goods.

MISCELLANEOUS
390. Persons before whom affidavits may be sworn.
391. Shorthand notes of proceedings.
392. Right to copies of proceedings.
393. Forms.
394. Expenses of assessors, witnesses, etc.
SCHEDULES
(INDEX follows on P. 150)

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CHAPTER 75

CRIMINAL PROCEDURE CODE

[Date of commencement: 1st August 1930.]

An Act of Parliament to make provision for the procedure to be followed in

criminal cases
[Cap. 27 (1948), Act No. 9 of 1951, Act No. 39 of 1951, Act No. 42 of 1952, Act No. 42 of 1954,
Act No. 57 of 1955, Act No. 48 of 1956, Act No. 26 of 1957, Act No. 5 of 1958, Act No. 33 of 1958,
Act No. 22 of 1959, Act No. 54 of 1960, Act No. 11 of 1961, Act No. 15 of 1961, Act No. 25 of 1961,
Act No. 27 of 1961, Act No. 28 of 1961, Act No. 36 of 1962, Act No. 48 of 1962, Act No. 33 of 1963,
Act No. 46 of 1963, Act No. 19 of 1964, Act No. 20 of 1965, Act No. 13 of 1967, Act No. 17 of 1967,
Act No. 29 of 1967, Act No. 8 of 1968, Act No. 3 of 1969, Act No. 10 of 1969, Act No. 11 of 1970,
Act No. 25 of 1971, Act No. 4 of 1974, Act No. 6 of 1976, Act No. 16 of 1977, Act No. 13 of 1978,
Act No. 18 of 1979, Act No. 13 of 1980, Act No. 13 of 1982, Act No. 10 of 1983, Act No. 11 of 1983,
Act No. 12 of 1984, Act No. 19 of 1984, Act No. 19 of 1985, Act No. 18 of 1986, L.N. 299/1956,
L.N. 300/1956, L.N. 182/1958, L.N. 172/1960, L.N. 173/1960, L.N. 102/1962, L.N. 142/1963,
L.N. 474/1963, L.N. 761/1963, L.N. 18/1964, L.N. 124/1964, L.N. 374/1964, L.N. 199/1986,
L.N. 22/1984, Act No. 13 of 1988, Act No. 6 of 1989, Act No. 20 of 1989, Act No. 7 of 1990,
Act No. 14 of 1991, Act No. 11 of 1993, Act No. 5 of 2003, Act No. 3 of 2006, Act No. 7 of 2007,
Act No. 11 of 2008, Act No. 12 of 2012.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Criminal Procedure Code.

2. Interpretation
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” means an allegation that some person known or unknown
has committed or is guilty of an offence;
“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 Attorney-General 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;

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“police officer” means a police officer or an administration police officer

(Cap. 84);
“police station” means a police station within the meaning of section 2 of
the Police Act;
“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., 17 of 1967, s. 23, Act No. 8 of 1968, Sch.,
Act No. 13 of 1982, s. 2, L.N. 124/1964, Act No. 5 of 2003, s. 59. 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.]

3. Trial of offences under Penal Code and under other laws

(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried
and otherwise dealt with according to this Code.
(2) All offences under any other law shall be inquired into, tried and otherwise
dealt with according to this Code, subject to any enactment for the time being in
force regulating the manner or place of inquiring into, trying, or otherwise dealing
with those offences.
(3) Notwithstanding anything in this Code, the High Court may, subject to the
provisions of any law for the time being in force, in exercising its criminal
jurisdiction in respect of any matter or thing to which the procedure prescribed by
this Code is inapplicable, exercise that jurisdiction according to the course of
procedure and practice observed by and before the High Court of Justice in
England at the date of the coming into operation of this Code.
(4) Notwithstanding anything in this Code or any other written law, in relation
to a person who is a member of the armed forces or police forces of another
country lawfully present in Kenya as a consequence of an agreement between
the government of that other country and the Government of Kenya, in which
agreement provision is made in respect of offences under the Penal Code or any
other written law for the detention or punishment of that person or the inquiry
into, trial or other disposal of those offences, nothing done or omitted in
accordance with such a provision shall be or shall be deemed to be unlawful or
contrary to the provisions of this Code, or any other written law.
[Act No. 20 of 1965, s. 2.]

PART II – POWERS OF COURTS

4. 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.

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5. Offences under other laws

(1) An offence under any law other than the Penal Code (Cap 63) shall, when
a court is mentioned in that behalf in that law, be tried by that court.
(2) When no court is so mentioned, it may, subject to this Code, 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.

6. Sentences which High Court may pass

The High Court may pass any sentence authorized by law.

7. Sentences which subordinate courts may pass

(1) A subordinate court of the first class held by—
(a) a chief magistrate, senior principal magistrate, principal magistrate
or senior resident magistrate may pass any sentence authorized by
law for any offence triable by that court;
(b) a resident magistrate may pass any sentence authorized by law for
an offence under section 278, 308(1) or 322 of the Penal Code or
under the Sexual Offences Act, 2006.
(2) Subject to subsection (1), a subordinate court of the first class may pass
the following sentences in cases where they are authorized by law—
(a) imprisonment for a term not exceeding seven years;
(b) a fine not exceeding twenty thousand shillings;
(c) repealed by Act No. 5 of 2003 s. 60.
(3) A subordinate court of the second class may pass the following sentences
in cases where they are authorized by law—
(a) imprisonment for a term not exceeding two years;
(b) a fine not exceeding ten thousand shillings;
(c) Repealed by Act No. 5 of 2003, s. 60.
(4) Deleted by Act No. 5 of 2003, s. 60.
(5) In determining the extent of a court’s jurisdiction under this section to pass a
sentence of imprisonment, the court shall have jurisdiction to pass the full sentence
of imprisonment provided for in this section in addition to any term of imprisonment
which may be awarded in default of payment of a fine, costs or compensation.
[Act No. 42 of 1952, s. 2, Act No. 57 of 1955, s. 4, Act No. 33 of 1963, Sch., Act No. 17 of 1967, s. 24,
Act No. 3 of 1969, s. 6, 25 of 1971, Sch., Act No. 4 of 1974, Sch., Act No. 18 of 1979, Sch., Act No.
11 of 1983, Sch., Act No. 18 of 1986, Sch., Act No. 14 of 1991, Sch., Act No. 7 of 2007, Sch.]

8. 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.
[Act No. 33 of 1963, Sch., Act No. 11 of 1983, Sch.]

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9. Repealed by Act No. 17 of 1967, s. 25.

10. Repealed by Act No. 17 of 1967, s. 25.

11. Repealed by Act No. 17 of 1967, s. 25.

12. 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.]

13. Repealed by Act No. 17 of 1967, s. 25.

14. Sentences in cases of conviction of several offences at one trial

(1) Subject to subsection (3), when a person is convicted at one trial of two or
more distinct offences, the court may sentence him, for those offences, to the
several punishments prescribed therefor which the court is competent to impose;
and those punishments when consisting of imprisonment shall commence the
one after the expiration of the other in the order the court may direct, unless the
court directs that the punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the
court, by reason only of the aggregate punishment for the several offences being
in excess of the punishment which it is competent to impose on conviction of a
single offence, to send the offender for trial before a higher court.
(3) Except in cases to which section 7(1) applies, nothing in this section shall
authorize a subordinate court to pass, on any person at one trial, consecutive
sentences—
(a) of imprisonment which amount in the aggregate to more than
fourteen years, or twice the amount of imprisonment which the
court, in the exercise of its ordinary jurisdiction, is competent to
impose, whichever is the less; or
(b) of fines which amount in the aggregate to more than twice the
amount which the court is so competent to impose.
(4) For the purposes of appeal, the aggregate of consecutive sentences
imposed under this section in case of convictions for several offences at one trial
shall be deemed to be a single sentence.
[Act No. 17 of 1967, s. 46, Act No. 25 of 1971, Sch., Act No. 4 of 1974, Sch.]

15. Suspended Sentences

(1) Any court which passes a sentence of imprisonment for a term of not
more than two years for any offence may order that the sentence shall not take
effect unless during the period specified by the court (hereinafter called the
“operational period”) the offender commits another offence, whether that offence
is punishable by imprisonment, corporal punishment or by a fine.
(2) Where the offender is convicted of an offence during the operational
period the sentence for the first offence in respect of which the offender was
convicted under subsection (1) shall thereupon take effect.

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(3) Where under subsection (2) the sentence passed for the first offence
under subsection (1) takes effect the sentence passed for the subsequent
offence shall run consecutively to the sentence passed for the first offence.
[Act No. 7 of 1990, s. 4.]

16. Repealed by Act No. 17 of 1967, s. 25.

17. Repealed by Act No. 17 of 1967, s. 25.
18. Repealed by Act No. 17 of 1967, s. 25.
19. Repealed by Act No. 17 of 1967, s. 25.
20. Repealed by Act No. 17 of 1967, s. 25.
PART III – GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKING
Arrest Generally
21. Arrest
(1) In making an arrest the police officer or other person making it shall
actually touch or confine the body of the person to be arrested, unless there be a
submission to custody by word or action.
(2) If a person forcibly resists the endeavour to arrest him, or attempts to
evade the arrest, the police officer or other person may use all means necessary
to effect the arrest.
(3) Nothing in this section shall justify the use of greater force than was
reasonable in the particular circumstances in which it was employed or was
necessary for the apprehension of the offender.
22. Search of place entered by person sought to be arrested
(1) If any person acting under a warrant of arrest, or any police officer having
authority to arrest, has reason to believe that the person to be arrested has
entered into or is within any place, the person residing in or being in charge of
that place shall, on demand of the person so acting or the police officer, allow
him free ingress thereto and afford all reasonable facilities for a search therein.
(2) If ingress to a place cannot be obtained under subsection (1), it shall be
lawful in any case for a person acting under a warrant, and in any case in which
a warrant may issue but cannot be obtained without affording the person to be
arrested an opportunity to escape, for a police officer to enter the place and
search therein, and, in order to effect an entrance into the place, to break open
any outer or inner door or window of a house or place, whether that of the person
to be arrested or of another person, or otherwise effect entry into the house or
place, if after notification of his authority and purpose, and demand of admittance
duly made, he cannot otherwise obtain admittance:
Provided that if any such place is an apartment in the actual occupancy of
a woman (not being the person to be arrested) who, according to custom, does
not appear in public, the person or police officer shall, before entering the
apartment, give notice to the woman that she is at liberty to withdraw, and shall
afford her every reasonable facility for withdrawing, and may then break open the
apartment and enter it.

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23. 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.

24. No unnecessary restraint

The person arrested shall not be subjected to more restraint than is necessary
to prevent his escape.

25. Search of arrested persons

Whenever a person is arrested—
(a) by a police officer under a warrant which does not provide for the
taking of bail, or under a warrant which provides for the taking of bail
but the person arrested cannot furnish bail; or
(b) without warrant, or by a private person under a warrant, and the
person arrested cannot legally be admitted to bail or is unable to
furnish bail,
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.

26. Power to detain and search aircraft, vessels, vehicles and persons
(1) A police officer, or other person authorized in writing in that behalf by the
Commissioner of Police, may stop, search and detain—
(a) any aircraft, vessel or vehicle in or upon which there is reason to
suspect that anything stolen or unlawfully obtained may be found; or
(b) any aircraft, vessel or vehicle which there is reason to suspect has
been used or employed in the commission or to facilitate the
commission of an offence under the provisions of Chapters XXVI,
XXVIII and XXIX of the Penal Code (Cap 63); or
(c) any person who may be reasonably suspected of having in his
possession or conveying in any manner anything stolen or
unlawfully obtained.
(2) No person shall be entitled to damages or compensation for loss or
damage suffered by him in respect of the detention under this section of an
aircraft, vessel or vehicle.
(3) For the purposes of this section, “aircraft”, “vessel” and “vehicle”,
respectively, include everything contained in, being on or attached to an aircraft,
vessel or vehicle, as the case may be, which, in the opinion of the court, forms
part of the equipment of the aircraft, vessel or vehicle.
[Act No. 13 of 1967, Sch., L.N. 474/1963.]

27. 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.

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28. 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

29. Arrest by police officer without warrant

A police officer may, without an order from a magistrate and without a
warrant, arrest—
(a) any person whom he suspects upon reasonable grounds of having
committed a cognizable offence;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer while in the execution of
his duty, or who has escaped or attempts to escape from lawful
custody;
(d) any person in whose possession anything is found which may
reasonably be suspected to be stolen property or who may
reasonably be suspected of having committed an offence with
reference to that thing;
(e) any person whom he suspects upon reasonable grounds of being a
deserter from the armed forces;
(f) any person whom he finds in a highway, yard or other place during
the night and whom he suspects upon reasonable grounds of having
committed or being about to commit a felony;
(g) any person whom he finds in a street or public place during the
hours of darkness and whom he suspects upon reasonable grounds
of being there for an illegal or disorderly purpose, or who is unable
to give a satisfactory account of himself;
(h) any person whom he suspects upon reasonable grounds of having
been concerned in an act committed at a place out of Kenya which,
if committed in Kenya, would have been punishable as an offence,
and for which he is liable to be extradited under the Extradition
(Contiguous and Foreign Countries) Act (Cap 76) or the Extradition
(Commonwealth Countries) Act (Cap 77);
(i) any person having in his possession without lawful excuse, the
burden of proving which excuse shall lie on that person, any
implement of housebreaking;
(j) any released convict committing a breach of any provision
prescribed by section 344 or of any rule made thereunder;
(k) any person for whom he has reasonable cause to believe a warrant
of arrest has been issued.
[Act No. 5 of 1958, s. 2, Act No. 13 of 1967, First Sch., L.N. 124/1964.]

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30. 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—
(a) any person found taking precautions to conceal his presence within
the limits of the station under circumstances which afford reason to
believe that he is taking those precautions with a view to committing
a cognizable offence;
(b) repealed by Act No. 5 of 2003, s.61;
(c) repealed by Act No. 5 of 2003, s.61.
[Act No. 5 of 2003, s. 61.]

31. 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.

32. Refusal to give name and residence

(1) When a person who in the presence of a police officer has committed or
has been accused of committing a non-cognizable offence refuses on the
demand of the officer to give his name and residence, or gives a name or
residence which the officer has reason to believe to be false, he may be arrested
by the officer in order that his name or residence may be ascertained.
(2) When the true name and residence of the person have been ascertained
he shall be released on his executing a bond, with or without sureties, to appear
before a magistrate if so required:
Provided that if the person is not resident in Kenya the bond shall be
secured by a surety or sureties resident in Kenya.
(3) Should the true name and residence of the person not be ascertained
within twenty-four hours from the time of arrest, or should he fail to execute the
bond, or, if so required, to furnish sufficient sureties, he shall forthwith be taken
before the nearest magistrate having jurisdiction.

33. 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.

34. Arrest by private person

(1) A private person may arrest any person who in his view commits a
cognizable offence, or whom he reasonably suspects of having committed a
felony.

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(2) Persons found committing an offence involving injury to property may be

arrested without a warrant by the owner of the property or his servants or
persons authorized by him.

35. Disposal of person arrested by private person

(1) A private person arresting another person without a warrant shall without
unnecessary delay make over the person so arrested to a police officer, or in the
absence of a police officer shall take that person to the nearest police station.

(2) If there is reason to believe that the person comes under section 29, a
police officer shall rearrest him.

(3) If there is reason to believe that he has committed a non-cognizable

offence, and he refuses on the demand of a police officer to give his name and
residence, or gives a name or residence which the officer has reason to believe
to be false, he shall be dealt with under section 32.

(4) If there is no sufficient reason to believe that he has committed an offence

he shall at once be released.

36. 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.]

37. 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.

38. 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.

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39. 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

40. 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.

41. Provisions of sections 22 and 23 to apply to arrests under section 40

The provisions of sections 22 and 23 shall apply to arrests under section 40
although the person making the arrest is not acting under a warrant and is not a
police officer having authority to arrest.

42. Assistance to magistrate or police officer

Every person is bound to assist a magistrate or police officer reasonably
demanding his aid—
(a) in the taking or preventing the escape of another person whom the
magistrate or police officer is authorized to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the
prevention of injury attempted to be committed to any railway, canal,
telegraph or public property.

PREVENTION OF OFFENCES

Security for Keeping the Peace and for Good Behaviour

43. Security for keeping the peace

(1) Whenever a magistrate empowered to hold a subordinate court of the first
class is informed that a person is likely to commit a breach of the peace or
disturb the public tranquillity, or to do any wrongful act that may probably
occasion a breach of the peace or disturb the public tranquillity, the magistrate
shall examine the informant on oath and may as hereinafter provided require the
person in respect of whom the information is laid to show cause why he should
not be ordered to execute a bond, with or without sureties, for keeping the peace
for such period, not exceeding one year, as the magistrate thinks fit.
(2) Proceedings shall not be taken under this section unless either the person
informed against, or the place where the breach of the peace or disturbance is
apprehended, is within the local limits of the magistrate’s jurisdiction.
(3) When a magistrate not empowered to proceed under subsection (1) has
reason to believe that a person is likely to commit a breach of the peace or
disturb the public tranquillity, or to do any wrongful act that may probably
occasion a breach of the peace or disturb the public tranquillity, and that a
breach of the peace or disturbance cannot be prevented otherwise than by

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detaining the person in custody, the magistrate may, after recording his reasons,
issue a warrant for his arrest (if he is not already in custody or before the court),
and may send him before a magistrate empowered to deal with the case, with a
copy of his reasons.
(4) A magistrate before whom a person is sent under this section may detain
that person in custody until the completion of the inquiry hereinafter prescribed.
[Act No. 22 of 1959, s. 7.]

44. 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—
(a) repealed by Act No. 5 of 2003, s. 62;
(b) matter which is likely to be dangerous to peace and good order
within Kenya or is likely to lead to the commission of an offence; or
(c) matter concerning a judge which amounts to libel under the Penal
Code,
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.]

45. 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.

46. 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—
(a) is by habit a robber, housebreaker or thief; or
(b) is by habit a receiver of stolen property, knowing it to have been
stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or
disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets in the
commission of, an offence punishable under Chapter XXX, Chapter
XXXIII or Chapter XXXVI of the Penal Code; or

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(e) habitually commits or attempts to commit, or aids or abets in the

commission of, offences involving a breach of the peace; or
(f) is so desperate and dangerous as to render his being at large
without security hazardous to the community; or
(g) is a member of an unlawful society within the meaning of section
4(1) of the Societies Act (Cap 108),
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, Sch.]

47. Order to be made

When a magistrate acting under section 43, section 44, section 45 or section
46 deems it necessary to require a person to show cause, he shall make an
order in writing setting out—
(a) the substance of the information received;
(b) in the case of a restriction order, the district to which the person
concerned is to be restricted for a period of three years;
(c) in any other case—
(i) the amount of the bond to be executed;
(ii) the term for which it is to be in force; and
(iii) the number, character and class of securities, if any, required.
[Act No. 33 of 1958, s. 3, Act No. 25 of 1971, s. 6.]

48. 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.

49. 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.

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50. Copy of order under section 47 to accompany summons or warrant

Every summons or warrant issued under section 49 shall be accompanied by
a copy of the order made under section 47, and the copy shall be delivered by
the officer serving or executing the summons or warrant to the person served
with or arrested under it.

51. 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.

52. Inquiry as to truth of information

(1) When an order under section 47 has been read or explained under
section 48 to a person present in court, or when any person appears or is
brought before a magistrate in compliance with or in execution of a summons or
warrant issued under section 49, the magistrate shall proceed to inquire into the
truth of the information upon which the action has been taken, and to take such
further evidence as may appear necessary.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner
prescribed by this Code for conducting trials and recording evidence in trials
before subordinate courts.
(3) For the purposes of this section, the fact that a person comes within the
provisions of section 46 may be proved by evidence of general repute or
otherwise.
(4) Where two or more persons have been associated together in the matter
under inquiry they may be dealt with in the same or separate inquiries, as the
magistrate thinks just.

53. Order to give security

(1) If upon an inquiry it is 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 made subject to a restriction order or should execute a bond,
with or without sureties, the magistrate shall make an order accordingly:
Provided that—
(i) no person shall be ordered to give security of a nature different
from, or of an amount larger than, or for a period longer than, that
specified in the order made under section 47;
(ii) the amount of a bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;
(iii) when the person in respect of whom the inquiry is made is a minor,
the bond shall be executed only by his sureties.
(2) A person in respect of whom an order is made under this section may
appeal to the High Court, and the provisions of Part XI (relating to appeals) shall
apply to the appeal.
[Act No. 22 of 1959, s. 9, Act No. 25 of 1971, Sch.]

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54. 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.
[Act No. 25 of 1971, Sch.]

Proceedings in all Cases Subsequent to Order to Furnish Security

55. Commencement of period for which security is required

(1) If a person in respect of whom an order is made under section 47 or
section 53 is, at the time the order is made, sentenced to or undergoing a
sentence of imprisonment, the period of such order shall commence on the
expiration of the sentence.
(2) In other cases the period shall commence on the date of the order unless
the magistrate, for sufficient reason, fixes a later date.
[Act No. 25 of 1971, Sch.]

56. 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.

57. 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.

58. Procedure on failure of person to give security

(1) If a person ordered to give security does not give security on or before the
date on which the period for which security is to be given commences, he shall,
except in the case mentioned in subsection (2), be committed to prison, or, if he
is already in prison, be detained in prison until that period expires or until within
that period he gives the security to the court or magistrate who made the order
requiring it.
(2) When a person has been ordered by a magistrate to give security for a
period exceeding one year, the magistrate shall, if the person does not give
security, issue a warrant directing him to be detained in prison pending the
orders of the High Court, and the proceedings shall be laid as soon as
conveniently may be before that court.
(3) The High Court, after examining the proceedings and requiring from the
magistrate any further information or evidence which it thinks necessary, may
make such order in the case as it thinks fit.

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(4) The period, if any, for which any person is imprisoned for failure to give
security shall not exceed three years.
(5) If the security is tendered to the officer in charge of the prison, he shall
forthwith refer the matter to the court or magistrate who made the order, and
shall await the orders of the court or magistrate.
[Act No. 26 of 1957, s. 2.]

59. 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.

60. Power of High Court to cancel bond

The High Court may at any time, for sufficient reasons to be recorded in
writing, cancel any order made under section 47 or section 53.
[Act No. 25 of 1971, Sch.]

61. Discharge of surities

(1) A surety for the peaceable conduct or good behaviour of another person
may at any time apply to a magistrate empowered to hold a subordinate court of
the first class to cancel a bond executed under any of the preceding sections of
this Part within the local limits of his jurisdiction.
(2) On the application being made, the magistrate shall issue his summons or
warrant, as he thinks fit, requiring the person for whom the surety is bound to
appear or to be brought before him.
(3) When the person appears or is brought before the magistrate, the
magistrate shall cancel the bond and shall order the person to give, for the
unexpired portion of the term of the bond, fresh security of the same description
as the original security.
(4) Every such order shall for the purposes of sections 56, 57, 58 and 59 be
deemed to be an order made under section 53.

61A. 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

62. 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.

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63. 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.

64. 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.

65. 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.

PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

PLACE OF TRIAL

66. 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.

67. 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.

68. Removal of accused person under warrant

(1) Where a person is to be sent in custody in pursuance of section 67, a
warrant shall be issued by the court within whose jurisdiction he is found, and
that warrant shall be sufficient authority to any person to whom it is directed to
receive and detain the person therein named and to carry him and deliver him up
to the court within whose district the offence was committed or may be tried.
(2) The person to whom the warrant is directed shall execute it according to
its tenor without delay.
[Act No. 13 of 1982, First Sch.]

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69. Powers of High Court

The High Court may inquire into and try any offence subject to its jurisdiction
at any place where it has power to hold sittings.
[Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 63.]

70. Place and date of sessions of the High Court

(1) For the exercise of its original criminal jurisdiction the High Court shall
hold sittings at such places and on such days as the Chief Justice may direct.
(2) The Registrar of the High Court shall ordinarily give notice beforehand of
all such sittings.
[Act No. 13 of 1982, First Sch.]

71. 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.
[Act No. 13 of 1982, First Sch.]

72. 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.
[Act No. 13 of 1982, First Sch.]

73. 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.
[Act No. 13 of 1982, First Sch.]

74. Trial where place of offence is uncertain

When—
(a) it is uncertain in which of several local areas an offence was
committed; or
(b) an offence is committed partly in one local area and partly in
another; or
(c) an offence is a continuing one, and continues to be committed in
more than one local areas; or
(d) an offence consists of several acts done in different local areas,
it may be tried by a court having jurisdiction over any of those local areas.
[Act No. 13 of 1982, First Sch.]

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75. 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.
[Act No. 13 of 1982, First Sch.]

76. High Court to decide in cases of doubt

(1) Whenever a doubt arises as to the court by which an offence should be
tried, the court entertaining the doubt may report the circumstances to the High
Court, and the High Court shall decide by which court the offence shall be
inquired into or tried.
(2) Any such decision of the High Court shall be final and conclusive, except
that it shall be open to an accused person to show that no court in Kenya has
jurisdiction in the case.
[Act No. 13 of 1982, First Sch.]

77. Court to be open

(1) Subject to subsection (2), the place in which a criminal court is held for
the purpose of trying an offence shall be deemed an open court to which the
public generally may have access, so far as it can conveniently contain them:
Provided that the presiding judge or magistrate may order at any stage of
the trial of any particular case that the public generally or any particular person
shall not have access to or remain in the room or building used by the court.
(2) Notwithstanding the provisions of subsection (1), the proceedings in the trial
of any case under sections 140, 141, 145, 166 and 167 of the Penal Code (Cap 63)
shall be held in private and no person shall, in relation to such trial, publish or cause
to be published by any means—
(a) any particulars calculated to lead to the identification of the victim; or
(b) any picture of the victim.

(3) A person who contravenes the provisions of subsection (2) commits an

offence and is liable on conviction—
(a) in the case of an individual, to a fine not exceeding one hundred
thousand shillings; and
(b) in the case of a body corporate, to a fine not exceeding five hundred
thousand shillings.
[Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 64.]

77A. Repealed by Act No. 5 of 2003, s. 65.

Transfer of Cases
78. Transfer of case where offence committed outside jurisdiction
(1) If upon the hearing of a complaint it appears that the cause of complaint
arose outside the limits of the jurisdiction of the court before which the complaint
has been brought, the court may, on being satisfied that it has no jurisdiction,
direct the case to be transferred to the court having jurisdiction where the cause
of complaint arose.

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(2) If the accused person is in custody and the court directing the transfer
thinks it expedient that custody should be continued, or, if he is not in custody,
that he should be placed in custody, the court shall direct the offender to be
taken by a police officer before the court having jurisdiction where the cause of
complaint arose, and shall give a warrant for that purpose to the officer, and shall
deliver to him the complaint and recognizances, if any, taken by the court, to be
delivered to the court before whom the accused person is to be taken; and the
complaint and recognizances, if any, shall be treated to all intents and purposes
as if they had been taken by the last-mentioned court.
(3) If the accused person is not continued or placed in custody, the court shall
inform him that it has directed the transfer of the case, and thereupon the
provisions of subsection (2) respecting the transmission and validity of the
documents in the case shall apply.

79. Transfer of cases between magistrates

A magistrate holding a subordinate court of the first class—
(a) may transfer a case of which he has taken cognizance to any
magistrate holding a subordinate court empowered to try that case
within the local limits of the first class subordinate courts’
jurisdiction; and
(b) may direct or empower a magistrate holding a subordinate court of
the second class who has taken cognizance of a case and whether
evidence has been taken in that case or not, to transfer it for trial to
himself or to any other specified magistrate within the local limits of
his jurisdiction who is competent to try the accused and that
magistrate shall dispose of the case accordingly.
[Act No. 17 of 1967, s. 27, Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 66.]

80. 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.
[Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 67.]

81. Power of High Court to change venue

(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court
subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been
committed may be required for the satisfactory trial of the offence; or
(d) that an order under this section will tend to the general convenience
of the parties or witnesses; or

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(e) that such an order is expedient for the ends of justice or is required
by any provision of this Code,
it may order—
(i) that an offence be tried by a court not empowered under the
preceding sections of this Part but in other respects competent
to try the offence;
(ii) that a particular criminal case or class of cases be transferred
from a criminal court subordinate to its authority to any other
criminal court of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to itself.

(2) The High Court may act on the report of the lower court, or on the
application of a party interested, or on its own initiative.

(3) Every application for the exercise of the power conferred by this section
shall be made by motion, which shall, except when the applicant is the Director of
Public Prosecutions, be supported by affidavit.

(4) An accused person making any such application shall give to the Director
of Public Prosecutions notice in writing of the application, together with a copy of
the grounds on which it is made, and no order shall be made on the merits of the
application unless at least twenty-four hours have elapsed between the giving of
notice and the hearing of the application.

(5) When an accused person makes any such application, the High Court
may direct him to execute a bond, with or without sureties, conditioned that he
will, if convicted, pay the costs of the prosecutor.
[Act No. 13 of 1982, First Sch., Act No. 12 of 2012, Sch.]

CONTROL BY REPUBLIC IN CRIMINAL PROCEEDINGS

82. Power of Director of Public Prosecutions to enter nolle prosequi

(1) In any criminal case and at any stage thereof before verdict or judgment,
as the case may be, the Director of Public Prosecutions may enter a nolle
prosequi, either by stating in court or by informing the court in writing that the
Republic intends that the proceedings shall not continue, and thereupon the
accused shall be at once discharged in respect of the charge for which the nolle
prosequi is entered, and if he has been committed to prison shall be released, or
if on bail his recognizances shall be discharged; but discharge of an accused
person shall not operate as a bar to subsequent proceedings against him on
account of the same facts.

(2) If the accused is not before the court when a nolle prosequi is entered, the
registrar or clerk of the court shall forthwith cause notice in writing of the entry of
the nolle prosequi to be given to the keeper of the prison in which the accused
may be detained.
[Act No. 13 of 1967, First Sch., Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 68,
Act No. 12 of 2012, Sch.]

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83.* 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.
[Act No. 39 of 1951, s. 3, Act No. 12 of 1984, Sch., Act No. 12 of 2012, Sch.]

84. Repealed by Act No. 5 of 2003, s. 69.

APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF

PROSECUTIONS
85. Power to appoint public prosecutors
(1) The Director of Public Prosecutions, by notice in the Gazette, may appoint
public prosecutors for Kenya or for any specified area thereof, and either
generally or for any specified case or class of cases.
(2) The Director of Public Prosecutions, by writing under his hand, may
appoint any advocate of the High Court or person employed in the public service,
to be a public prosecutor for the purposes of any case.
(3) Every public prosecutor shall be subject to the express directions of the
Director of Public Prosecutions.
[Act No. 22 of 1959, s. 10, Act No. 7 of 2007, Sch., Act No. 12 of 2012, Sch.]

86. 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.
[Act No. 28 of 1961, Sch., Act No. 13 of 1982, First Sch., Act No. 5 of 2003.]

87. 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

* Powers delegated to the Solicitor-General; Deputy Public Prosecutor; Assistant Deputy Public
Prosecutor; Principal State Counsel; Provincial State Counsel, Central and Eastern Provinces;
Provincial State Counsel, Coast Province; Provincial State Counsel, Nyanza Province; Provincial
State Counsel, Rift Valley Province; and Provincial State Counsel, Western Province.
(L.N.106/1984.)
* Powers delegated to the Solicitor-General; Deputy Public Prosecutor; Assistant Deputy Public
Prosecutor; Principal State Counsel; Provincial State Counsel, Central and Eastern Provinces;
Provincial State Counsel, Coast Province; Provincial State Counsel, Nyanza Province; Provincial
State Counsel, Rift Valley Province; and Provincial State Counsel, Western Province.
(L.N.106/1984.)

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time before judgment is pronounced, withdraw from the prosecution of any

person, and upon withdrawal—
(a) if it is made before the accused person is called upon to make his
defence, he shall be discharged, but discharge of an accused
person shall not operate as a bar to subsequent proceedings
against him on account of the same facts;
(b) if it is made after the accused person is called upon to make his
defence, he shall be acquitted.
[Act No. 12 of 2012, Sch.]

88. Permission to conduct prosecution

(1) A magistrate trying a case may permit the prosecution to be conducted by
any person, but no person other than a public prosecutor or other officer
generally or specially authorized by the Director of Public Prosecutions in this
behalf shall be entitled to do so without permission.
(2) Any such person or officer shall have the same power of withdrawing from
the prosecution as is provided by section 87, and the provisions of that section
shall apply to withdrawal by that person or officer.
(3) Any person conducting the prosecution may do so personally or by an
advocate.
[L.N.299/1956, L.N.172/1960, L.N.474/1963, Act No. 13 of 1982, First Sch., Act No. 12 of 2012, Sch.]

INSTITUTION OF PROCEEDINGS

Making of Complaint

89. Complaint and charge

(1) Proceedings may be instituted either by the making of a complaint or by
the bringing before a magistrate of a person who has been arrested without
warrant.
(2) A person who believes from a reasonable and probable cause that an
offence has been committed by another person may make a complaint thereof to
a magistrate having jurisdiction.
(3) A complaint may be made orally or in writing, but, if made orally, shall be
reduced to writing by the magistrate, and, in either case, shall be signed by the
complainant and the magistrate.
(4) The magistrate, upon receiving a complaint, or where an accused person
who has been arrested without a warrant is brought before him, shall, subject to
the provisions of subsection (5), draw up or cause to be drawn up and shall sign
a formal charge containing a statement of the offence with which the accused is
charged, unless the charge is signed and presented by a police officer.
(5) Where the magistrate is of the opinion that a complaint or formal charge
made or presented under this section does not disclose an offence, the
magistrate shall make an order refusing to admit the complaint or formal charge
and shall record his reasons for the order.

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(6) Repealed by Act No. 10 of 1983, Sch.

[Act No. 10 of 1983, Sch.]

90. Issue of summons or warrant

(1) Upon receiving a complaint and having signed the charge in accordance
with section 89, the magistrate may issue either a summons or a warrant to
compel the attendance of the accused person before a subordinate court having
jurisdiction to try the offence alleged to have been committed:
Provided that a warrant shall not be issued in the first instance unless the
complaint has been made upon oath either by the complainant or by a witness or
witnesses.
(2) The validity of proceedings taken in pursuance of a complaint or charge
shall not be affected either by a defect in the complaint or charge or by the fact
that a summons or warrant was issued without a complaint or charge.
(3) A summons or warrant may be issued on a Sunday.
[Act No. 13 of 1982, First Sch.]

PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS

Summons

91. Form and contents of summons

(1) Every summons issued by a court under this Code shall be in writing, in
duplicate, signed and sealed by the presiding officer of the court or by such other
officer as the High Court may from time to time by rule direct.
(2) Every summons shall be directed to the person summoned and shall
require him to appear at a time and place to be therein appointed before a court
having jurisdiction to deal with the charge, and shall state shortly the offence with
which the person against whom it is issued is charged.
[Act No. 3 of 1982, First Sch.]

92. Service of summons

(1) Every summons shall be served either by a police officer, an officer of the
court issuing it or by such other person as the court may direct, and shall, if
practicable, be served personally on the person summoned by delivering or
tendering to him one of the duplicates of the summons.
(2) Every person on whom a summons is so served shall, if so required by
the serving officer, sign a receipt therefor on the back of the other duplicate.

93. 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.

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94. 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.

95. 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.]

96. 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.
[L.N. 199/1966.]

97. 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.

98. Proof of service when serving officer not present

(1) Where the officer who has served a summons is not present at the
hearing of the case, and where a summons issued by a court has been served
outside the local limits of its jurisdiction, an affidavit purporting to be made before
a magistrate that the summons has been served, and a duplicate of the
summons purporting to be endorsed in the manner hereinbefore provided by the
person to whom it was delivered or tendered or with whom it was left, shall be
admissible in evidence, and the statements made therein shall be deemed to be
correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of
the summons and returned to the court.

99. Power to dispense with personal attendance of accused

(1) Subject to the following provisions of this section, whenever a magistrate
issues a summons in respect of an offence other than a felony, he may if he sees
reason to do so, and shall when the offence with which the accused is charged is
punishable only by fine, or only by fine or imprisonment not exceeding three
months, or by fine and such imprisonment, dispense with the personal attendance
of the accused, if the accused pleads guilty in writing or appears by an advocate.

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(2) The magistrate trying a case may, at any subsequent stage of the
proceedings, direct the personal attendance of the accused, and, if necessary,
enforce his attendance in the manner hereinafter provided, but no such warrant
shall be issued unless a complaint or charge has been made upon oath.
(3) If a magistrate imposes a fine on an accused person whose personal
attendance has been dispensed with under this section, and the fine is not paid
within the time prescribed for payment, the magistrate may forthwith issue a
summons calling upon the accused person to show cause why he should not be
committed to prison for such term as the magistrate may then specify; and if the
accused person does not attend upon the return of the summons the magistrate
may forthwith issue a warrant and commit the person to prison for such term as
the magistrate may then fix.
(4) If, in any case in which under this section the attendance of an accused
person is dispensed with, previous convictions are alleged against that person
and are not admitted in writing or through that person’s advocate, the magistrate
may adjourn the proceedings and direct the personal attendance of the accused,
and, if necessary, enforce his attendance in the manner provided hereafter in this
Part.
(5) Whenever the attendance of an accused person has been so dispensed
with and his attendance is subsequently required, the cost of any adjournment for
that purpose shall be borne in any event by the accused.
[Act No. 13 of 1982, First Sch.]

Warrant of Arrest
100. 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.

101. 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.

102. Form, contents and duration of warrant

(1) Every warrant of arrest shall be under the hand of the judge or magistrate
issuing it and shall bear the seal of the court.
(2) Every warrant shall state shortly the offence with which the person against
whom it is issued is charged, and shall name or otherwise describe that person,
and shall order the person or persons to whom it is directed to apprehend the
person against whom it is issued and bring him before the court issuing the
warrant, or before some other court having jurisdiction in the case, to answer to
the charge therein mentioned and to be further dealt with according to law.
(3) A warrant shall remain in force until it is executed or until it is cancelled by
the court which issued it.

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103. Court may direct security to be taken

(1) A court issuing a warrant for the arrest of a person in respect of an

offence other than murder, treason or rape may direct by endorsement on the
warrant that, if the person executes a bond with sufficient sureties for his
attendance before the court at a specified time and thereafter until otherwise
directed by the court, the officer to whom the warrant is directed shall take the
security and shall release the person from custody.

(2) The endorsement shall state—

(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the
warrant is issued are to be respectively bound; and
(c) the time at which he is to attend before the court.

(3) Whenever security is taken under this section, the officer to whom the
warrant is directed shall forward the bond to the court.

104. Warrants, to whom directed

(1) A warrant of arrest may be directed to one or more police officers, or to

one police officer and to all other police officers of the area within which the court
has jurisdiction, or generally to all police officers of the area:
Provided that a court issuing a warrant may, if its immediate execution is
necessary, and no police officer is immediately available, direct it to any other
person or persons, and such person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may
be executed by all or by any one or more of them.

105. Warrants may be directed to landholders, etc.

(1) A magistrate empowered to hold a subordinate court of the first class may
direct a warrant to a landholder, farmer or manager of land within the local limits
of his jurisdiction for the arrest of an escaped convict or person who has been
accused of a cognizable offence and has eluded pursuit.

(2) The landholder, farmer or manager shall acknowledge in writing the

receipt of the warrant and shall execute it if the person for whose arrest it was
issued is in or enters on his land or farm or the land under his charge.

(3) When the person against whom the warrant is issued is arrested, he shall
be made over with the warrant to the nearest police officer, who shall cause him
to be taken before a magistrate having jurisdiction, unless security is taken under
section 103.

106. 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.

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107. 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.

108. 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.

109. Where warrant may be executed

A warrant of arrest may be executed at any place in Kenya.

110. Forwarding of warrants for execution outside jurisdiction

(1) When a warrant of arrest is to be executed outside the local limits of the
jurisdiction of the court issuing it, the court may, instead of directing the warrant
to a police officer, forward it by post or otherwise to a magistrate within the local
limits of whose jurisdiction it is to be executed.
(2) The magistrate to whom a warrant is so forwarded shall endorse his name
thereon, and, if practicable, cause it to be executed in the manner hereinbefore
provided within the local limits of his jurisdiction.

111. Warrant directed to police officer for execution outside jurisdiction

(1) When a warrant of arrest directed to a police officer is to be executed
outside the local limits of the jurisdiction of the court issuing it, he shall take it for
endorsement to a magistrate within the local limits of whose jurisdiction it is to be
executed.
(2) The magistrate shall endorse his name thereon, and the endorsement
shall be sufficient authority to the police officer to whom the warrant is directed to
execute it within those limits, and the local police officers shall, if so required,
assist that officer in executing the warrant.
(3) Whenever there is reason to believe that the delay occasioned by
obtaining the endorsement of the magistrate within the local limits of whose
jurisdiction the warrant is to be executed will prevent its execution, the police
officer to whom it is directed may execute it without endorsement in any place
outside the local limits of the jurisdiction of the court which issued it.

112. Procedure on arrest of person outside jurisdiction

(1) When a warrant of arrest is executed outside the local limits of the
jurisdiction of the court by which it was issued, the person arrested shall, unless
the court which issued the warrant is within twenty miles of the place of arrest, or
is nearer than the magistrate within the local limits of whose jurisdiction the arrest
was made, or unless security is taken under section 103, be taken before the
magistrate within the local limits of whose jurisdiction the arrest was made.

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(2) The magistrate shall, if the person arrested appears to be the person
intended by the court which issued the warrant, direct his removal in custody to
that court:
Provided that if the person has been arrested for an offence other than
murder, treason or rape, and he is ready and willing to give bail to the satisfaction
of the magistrate, or if a direction has been endorsed under section 103 on the
warrant and the person is ready and willing to give the security required by the
direction, the magistrate shall take the bail or security, as the case may be, and
shall forward the bond to the court which issued the warrant.

(3) Nothing in this section shall prevent a police officer from taking security
under section 103.

113. 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.
[Act No. 13 of 1982, First Sch.]

Miscellaneous Provisions regarding Processes

114. 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.

115. 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.

116. Power of court to order prisoner to be brought before it

(1) Where a person for whose appearance or arrest a court is empowered to

issue a summons or warrant is confined in prison within the local limits of the
jurisdiction of that court, the court may issue an order to the officer in charge of
the prison requiring him to bring the prisoner in proper custody, at a time to be
named in the order, before the court.

(2) The officer so in charge, on receipt of the order, shall provide for the safe
custody of the prisoner during his absence from the prison.

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117. 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.
[Act No. 10 of 1983, Sch.]

SEARCH WARRANTS

118. 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.]

119. 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.
[Act No. 10 of 1983, Sch.]

120. Persons in charge of closed place to allow ingress and egress

(1) Whenever a building or other place liable to search is closed, a person
residing in or being in charge of the building or place shall, on demand of the
police officer or other person executing the search warrant and on production of
the warrant, allow him free ingress thereto and egress therefrom and afford all
reasonable facilities for a search therein.
(2) If ingress into or egress from the building or other place cannot be so
obtained, the police officer or other person executing the search warrant may
proceed in the manner prescribed by section 22 or section 23.
(3) Where a person in or about the building or place is reasonably suspected
of concealing about his person an article for which search should be made, that
person may be searched.
(4) If that person is a woman the provisions of section 27 shall be observed.

121. Detention of property seized

(1) When anything is so seized and brought before a court, it may be
detained until the conclusion of the case or the investigation, reasonable care
being taken for its preservation.

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(2) If an appeal is made, or if a person is committed for trial, the court may
order it to be further detained for the purpose of the appeal or the trial.
(3) If no appeal is made, or if no person is committed for trial, the court shall
direct the thing to be restored to the person from whom it was taken, unless the
court sees fit or is authorized or required by law to dispose of it otherwise.

122. Provisions applicable to search warrants

The provisions of subsections (1) and (3) of section 102, and sections 104,
106, 109, 110 and 111, shall, so far as may be, apply to search warrants issued
under section 118.

PROVISIONS AS TO BAIL

123. Bail in certain cases

(1) When a person, other than a person accused of murder, treason, robbery
with violence, attempted robbery with violence and any related offence is
arrested or detained without warrant by an officer in charge of a police station, or
appears or is brought before a court, and is prepared at any time while in the
custody of that officer or at any stage of the proceedings before that court to give
bail, that person may be admitted to bail:
Provided that the officer or court may, instead of taking bail from the
person, release him on his executing a bond without sureties for his appearance
as provided hereafter in this Part.
(2) The amount of bail shall be fixed with due regard to the circumstances of
the case, and shall not be excessive.
(3) The High Court may in any case direct that an accused person be
admitted to bail or that bail required by a subordinate court or police officer be
reduced.
[Act No. 22 of 1959, s. 13, Act No. 6 of 1976, Sch., Act No. 13 of 1978, Sch., Act No. 19 of 1984,
Sch., Act No. 19 of 1985, Sch., Act No. 14 of 1991, Sch., Act No. 7 of 1990, Sch.,
Act No. 5 of 2003, s. 71.]

124. Bail bond

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.
[L.N. 142/1963.]

125. Discharge from custody

(1) As soon as the bond has been executed, the person for whose
appearance it has been executed shall be released, and when he is in prison the
court admitting him to bail shall issue an order of release to the officer in charge
of the prison and the officer on receipt of the order shall release him.

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(2) Nothing in this section or in section 123 shall require the release of a
person liable to be detained for some matter other than that in respect of which
the bond was executed.

126. 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.
[Act No. 13 of 1967, First Sch., Act No. 4 of 1974, Sch.]

127. 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.

128. Discharge of sureties

(1) All or any of the sureties for the appearance and attendance of a person
released on bail may at any time apply to a magistrate to discharge the bond
either wholly or so far as it relates to the applicant or applicants.
(2) On an application being made under subsection (1) the magistrate shall
issue his warrant of arrest directing that the person so released be brought
before him.
(3) On the appearance of the person pursuant to the warrant issued under
subsection (2) or on his voluntary surrender, the magistrate shall direct the bond
to be discharged either wholly or so far as it relates to the applicant or applicants,
and shall call upon the person to find other sufficient sureties, and if he fails to do
so may commit him to prison.

129. 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.

130. 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.

131. Forfeiture of recognizance

(1) Whenever it is proved to the satisfaction of a court by which a
recognizance under this Code has been taken, or, when the recognizance is for
appearance before a court, to the satisfaction of that court, that the recognizance
has been forfeited, the court shall record the grounds of proof, and may call upon
any person bound by the recognizance to pay the penalty thereof, or to show
cause why it should not be paid.

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(2) If sufficient cause is not shown and the penalty is not paid, the court may
proceed to recover it by issuing a warrant for the attachment and sale of the
movable property belonging to that person, or his estate if he is dead.

(3) A warrant may be executed within the local limits of the jurisdiction of the
court which issued it; and it shall authorize the attachment and sale of the
movable property belonging to the person without those limits, when endorsed by
a magistrate within the local limits of whose jurisdiction the property is found.

(4) If the penalty is not paid and cannot be recovered by attachment and sale,
the person so bound shall be liable, by order of the court which issued the
warrant, to imprisonment for a term not exceeding six months.

(5) The court may remit a portion of the penalty mentioned and enforce
payment in part only.

(6) When a person who has furnished security is convicted of an offence the
commission of which constitutes a breach of the conditions of his recognizance,
a certified copy of the judgment of the court by which he was convicted may be
used as evidence in proceedings under this section against his surety or sureties,
and, if the certified copy is so used, the court shall presume that the offence was
committed by him unless the contrary is proved.

132. 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.

133. 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

134. 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.

135. Joinder of counts in a charge or information

(1) Any offences, whether felonies or misdemeanours, may be charged

together in the same charge or information if the offences charged are founded
on the same facts, or form or are part of a series of offences of the same or a
similar character.

(2) Where more than one offence is charged in a charge or information, a

description of each offence so charged shall be set out in a separate paragraph
of the charge or information called a count.

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(3) Where, before trial, or at any stage of a trial, the court is of the opinion
that a person accused may be embarrassed in his defence by reason of being
charged with more than one offence in the same charge or information, or that for
any other reason it is desirable to direct that the person be tried separately for
any one or more offences charged in a charge or information, the court may
order a separate trial of any count or counts of that charge or information.

136. 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—
(a) persons accused of the same offence committed in the course of the
same transaction;
(b) persons accused of an offence and persons accused of abetment,
or of an attempt to commit the offence;
(c) persons accused of more offences than one of the same kind (that
is to say, offences punishable with the same amount of punishment
under the same section of the Penal Code or of any other Act or
law) committed by them jointly within a period of twelve months;
(d) persons accused of different offences committed in the course of the
same transaction;
(e) persons accused of an offence under Chapters XXVI to XXX,
inclusive, of the Penal Code (Cap 63), and persons accused of
receiving or retaining property, possession of which is alleged to
have been transferred by an offence committed by the first-named
persons, or of abetment of or attempting to commit either of the last-
named offences;
(f) persons accused of an offence relating to counterfeit coin under
Chapter XXXVI of the Penal Code, and persons accused of another
offence under that Chapter relating to the same coin, or of abetment
of or attempting to commit any such offence.

137. 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—
(a) (i) Mode in which offences are to be charged.—a count of a
charge or information shall commence with a statement of the
offence charged, called the statement of offence;
(ii) the statement of offence shall describe the offence shortly in
ordinary language, avoiding as far as possible the use of
technical terms, and without necessarily stating all the
essential elements of the offence, and if the offence charged is
one created by enactment shall contain a reference to the
section of the enactment creating the offence;

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(iii) after the statement of the offence, particulars of the offence

shall be set out in ordinary language, in which the use of
technical terms shall not be necessary:
Provided that where any rule of law or any Act limits the
particulars of an offence which are required to be given in a
charge or information, nothing in this paragraph shall require
more particulars to be given than those so required;
(iv) the forms set out in the Second Schedule or forms conforming
thereto as nearly as may be shall be used in cases to which
they are applicable; and in other cases forms to the same
effect or conforming thereto as nearly as may be shall be
used, the statement of offence and the particulars of offence
being varied according to the circumstances of each case;
(v) where a charge or information contains more than one count,
the counts shall be numbered consecutively;
(b) (i) Provisions as to statutory offences.—where an enactment
constituting an offence states the offence to be the doing of or
the omission to do any one of any different acts in the
alternative, or the doing of or the omission to do any act in any
one of any different capacities, or with any one of different
intentions, or states any part of the offence in the alternative,
the acts, omissions, capacities or intentions, or other matters
stated in the alternative in the enactment, may be stated in the
alternative in the count charging the offence;
(ii) it shall not be necessary, in a count charging an offence
constituted by an enactment, to negative any exception or
exemption from, or qualifications to, the operation of the
enactment creating the offence;
(c) (i) Description of property.—the description of property in a
charge or information shall be in ordinary language, and shall
indicate with reasonable clearness the property referred to,
and, if the property is so described, it shall not be necessary
(except when required for the purpose of describing an offence
depending on any special ownership of property or special
value of property) to name the person to whom the property
belongs or the value of the property;
(ii) where the property is vested in more than one person, and the
owners of the property are referred to in a charge or
information, it shall be sufficient to describe the property as
owned by one of those persons by name with the others, and,
if the persons owning the property are a body of persons with
a collective name, such as a joint stock company or
“Inhabitants”, “Trustees”, “Commissioners” or “Club” or other
similar name, it shall be sufficient to use the collective name
without naming any individual;
(iii) property belonging to or provided for the use of a public
establishment, service or department may be described as the
property of the Government, the Nairobi Area or a region as
the case may be;

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(iv) coin, bank notes and currency notes may be described as

money; and an allegation as to money, so far as regards the
description of the property, shall be sustained by proof of an
amount of coin or of any bank or currency note (although the
particular species of coin of which the amount was composed
or the particular nature of the bank or currency note is not
proved); and, in cases of stealing and defrauding by false
pretences, by proof that the accused person dishonestly
appropriated or obtained any coin or any bank or currency
note, or any portion of the value thereof, although the coin or
bank or currency note may have been delivered to him in
order that some part of the value thereof should be returned to
the party delivering it or to another person and that part has
been returned accordingly;

(d) Description of persons.—the description or designation in a charge

or information of the accused person, or of another person to whom
reference is made therein, shall be reasonably sufficient to identify
him, without necessarily stating his correct name, or his abode,
style, degree or occupation; and if, owing to the name of the person
not being known, or for any other reason, it is impracticable to give
such a description or designation, a description or designation shall
be given as is reasonably practicable in the circumstances, or the
person may be described as “a person unknown”;

(e) Description of document.—where it is necessary to refer to a

document or instrument in a charge or information, it shall be
sufficient to describe it by any name or designation by which it is
usually known, or by the purport thereof, without setting out a copy
thereof;

(f) General rule as to description.—subject to any other provisions of

this section, it shall be sufficient to describe a place, time, thing,
matter, act or omission to which it is necessary to refer in a charge
or information in ordinary language so as to indicate with reasonable
clearness the place, time, thing, matter, act or omission referred to;

(g) Statement of intent.—it shall not be necessary, in stating an intent to

defraud, deceive or injure, to state an intent to defraud, deceive or
injure a particular person, where the enactment creating the offence
does not make an intent to defraud, deceive or injure a particular
person an essential ingredient of the offence;

(h) Mode of charging previous convictions.—where a previous

conviction of an offence is charged in a charge or information, it
shall be charged at the end of the charge or information by means of
a statement that the accused person has been previously convicted
of that offence at a certain time and place without stating the
particulars of the offence;

(i) Use of figures and abbreviations.—figures and abbreviations may

be used for expressing anything which is commonly expressed
thereby;

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(j) Gross sum may be specified in certain cases of stealing.—when a

person is charged with an offence under section 280, 281, 282 or
283 of the Penal Code (Cap 63), it shall be sufficient to specify the
gross amount of property in respect of which the offence is alleged
to have been committed and the dates between which the offence is
alleged to have been committed without specifying particular times
or exact dates.
[Act No. 22 of 1959, s. 14, L.N. 124/1964, Act No. 13 of 1967, First Sch., Act No. 11 of 2008, s. 3.]

Plea Agreements

137A. Plea agreement negotiation

(1) Subject to section 137B, a prosecutor and an accused person or his
representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included offence;
(b) withdrawal of the charge or a stay of other charges or the promise
not to proceed with other possible charges.
(2) A plea agreement entered into under subsection (1)(a) or (b) may provide
for the payment by an accused person of any restitution or compensation.
(3) A plea agreement under subsection (1) shall be entered into only after an
accused person has been charged, or at anytime before judgement.
(4) Where a prosecution is undertaken privately no plea agreement shall be
concluded without the written consent of the Director of Public Prosecutions.
[Act No. 12 of 2012, Sch.]

137B. 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).
[Act No. 12 of 2012, Sch., Act No. 11 of 2008, s. 3.]

137C. Initiation of plea agreement

(1) An offer for a plea agreement may be initiated by—
(a) a prosecutor; or
(b) an accused person or his legal representative.
(2) The court shall be notified by the parties referred to in subsection (1) of
their intention to negotiate a plea agreement.
(3) The court shall not participate in plea negotiation between a public
prosecutor and an accused person under this Part.

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137D. Consultation with victim, etc.

A prosecutor shall only enter into a plea agreement in accordance with
section 137A—
(a) after consultation with the police officer investigating the case;
(b) with due regard to the nature of and the circumstances relating to
the offence, the personal circumstances of the accused person and
the interests of the community;
(c) unless the circumstances do not permit, after affording the victim or
his legal representative the opportunity to make representations to
the prosecutor regarding the contents of the agreement.

137E. Form of plea agreement

A plea agreement shall be in writing, and shall—
(a) be reviewed and accepted by the accused person, or explained to
the accused person in a language that he understands;
(b) if the accused person has negotiated with the prosecutor through an
interpreter, contain a certificate by the interpreter to the effect that
the interpreter is proficient in that language and that he interpreted
accurately during the negotiations and in respect of the contents of
the agreement;
(c) state fully the terms of the agreement, the substantial facts of the
matter and all other relevant facts of the case and any admissions
made by the accused person;
(d) be signed by the prosecutor and the accused person or his legal
representative;
(e) be signed by the complainant if a compensation order contemplated
in section 175(2)(b) has been included in the agreement.

137F. Recording of plea agreement by court

(1) Before the court records a plea agreement, the accused person shall be
placed under oath and the court shall address the accused person personally in
court, and shall inform the accused person of, and determine that the accused
person understands—
(a) the right to—
(i) plead not guilty, or having already so pleaded, to persist in that
plea;
(ii) be presumed innocent until proved guilty;
(iii) remain silent and not to testify during the proceedings;
(iv) not being compelled to give self-incriminating evidence;
(v) a full trial;
(vi) be represented by a legal representative of his own choice,
and where necessary, have the court appoint a legal
representative;

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(vii) examine in person or by his legal representative the witnesses

called by the prosecution before the court and to obtain the
attendance and carry out the examination of witnesses to
testify on his behalf before the court on the same conditions as
those applying to witnesses called by the prosecution;
(b) that by accepting the plea agreement, he is waiving his right to a full
trial;
(c) the nature of the charge he is pleading to;
(d) any maximum possible penalty, including imprisonment, fine,
community service order, probation or conditional or unconditional
discharge;
(e) any mandatory minimum penalty;
(f) any applicable forfeiture;
(g) the court’s authority to order compensation under section 175 (2)(b),
restitution under section 177, or both;
(h) that by entering into a plea agreement, he is waiving the right to
appeal except as to the extent or legality of sentence;
(i) the prosecution’s right, in the case of prosecution for perjury or false
statement, to use against the accused any statement that the
accused gives in the agreement.
(2) The prosecutor shall lay before the court the factual basis of a plea
agreement and the court shall determine and be satisfied that there exists a
factual basis of the plea agreement.

137G. 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.

137H. Record of factual basis of plea

(1) Where the court accepts a plea agreement—
(a) it shall enter the factual basis of the plea on record;
(b) the agreement shall become binding upon the prosecutor and the
accused;
(c) the agreement shall become part of the record of the court.
(2) Where a plea agreement entered into in accordance with section
137A(1)(a) is accepted by the court in accordance with this section, the court
shall proceed to convict an accused person accordingly.

137I. Address by parties

(1) Upon conviction, the court may invite the parties to address it on the issue
of sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the period during which the accused person has been in custody;

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(b) a victim impact statement, if any, made in accordance with section

329C;
(c) the stage in the proceedings at which the accused person indicated
his intention to enter into a plea agreement and the circumstances in
which this indication was given;
(d) the nature and amount of any restitution or compensation agreed to
be made by the accused person.
(3) Where necessary and desirable, the court may in passing a sentence,
take into account a probation officer’s report.

137J. Rejection of plea agreement

(1) Where the court rejects a plea agreement—
(a) it shall record the reasons for such rejection and inform the parties
accordingly;
(b) the plea agreement shall become null and void and no party shall be
bound by its terms;
(c) the proceedings giving rise to the plea agreement shall be
inadmissible in a subsequent trial or any future trial relating to the
same facts; and
(d) a plea of not guilty shall be entered accordingly.
(2) Where a plea agreement has been rejected by the court and a plea of not
guilty consequently entered, the prosecution may, upon being informed of the
fact under subsection (1)(a), proceed to try the matter afresh before another
court.
Provided that the accused person may waive his right to have the trial
proceed before another court.
(3) Upon rejection of a plea agreement, there shall be no further plea
negotiation in a trial relating to the same facts.
(4) Where the court has rejected a plea agreement under this section, no
party shall appeal against, or apply for a review of, the order of the court rejecting
the agreement.

137K. Withdrawal of plea

An accused person may withdraw a plea of guilty pursuant to a plea
agreement—
(a) prior to acceptance of the plea by the court, for any reason; or
(b) after the court accepts and convicts on the plea, but before it passes
a sentence, if the accused person can demonstrate, to the
satisfaction of the court, a fair and just reason for requesting the
withdrawal.

137L. Finality of judgement

(1) Subject to subsection (2), the sentence passed by a court under this Part
shall be final and no appeal shall lie therefrom except as to the extent or legality
of the sentence imposed.

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(2) Notwithstanding subsection (1), the Director of Public Prosecutions, in the

public interest and the orderly administration of justice, or the accused person,
may apply to the court which passed the sentence to have the conviction and
sentence procured pursuant to a plea agreement set aside on the grounds of
fraud or misrepresentation.

(3) Where a conviction or sentence has been set aside, under subsection (2), the
provisions of section 137J shall apply mutatis mutandis.
[Act No. 12 of 2012, Sch.]

137M. 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.

137N. Application

This Part shall not apply to—

(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
[Act No. No. 3 of 2006.]

137O. Rules under this sub-Part

The Attorney-General may make rules for the better carrying into effect the
provisions of this Part and such rules shall apply mutatis mutandis to
prosecutions conducted under section 88 of the Act.

PREVIOUS CONVICTION OR ACQUITTAL

138. 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.

139. 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).

140. 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.

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141. 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.

142. Mode of proof of previous conviction

(1) In any trial or other proceeding under this Code, a previous conviction
may be proved, in addition to any other mode provided by any law for the time
being in force—
(a) by an extract certified, under the hand of the officer having the
custody of the records of the court in which the conviction was had,
to be a copy of the sentence or order; or
(b) by a certificate signed by the officer in charge of the prison in which
the punishment or any part thereof was inflicted, or by production of
the warrant of commitment under which the punishment was
suffered,
together with, in either case, evidence as to the identity of the accused person
with the person so convicted.

(2) A certificate in the form prescribed by the Minister given under the hand of
an officer appointed by the Minister in that behalf, who has compared the finger
prints of an accused person with the finger prints of a person previously
convicted, shall be prima facie evidence of all facts therein set out if it is
produced by the person who took the finger prints of the accused.

(3) A previous conviction in a place outside Kenya may be proved by the

production of a certificate purporting to be given under the hand of a police officer
in the country where the conviction was had, containing a copy of the sentence
or order, and the finger prints, or photographs of the finger prints, of the person
so convicted, together with evidence that the finger prints of the person so
convicted are those of the accused person.

(4) A certificate under this section shall be prima facie evidence of all facts
stated therein without proof that the officer purporting to sign it did in fact sign it
and was empowered so to do.
[L.N. 299/1956, L.N. 172/1960, Act No. 13 of 1982, First Sch.]

OFFENCES BY FOREIGNERS WITHIN TERRITORIAL WATERS

143. Leave of Director of Public Prosecutions necessary before

prosecution instituted

(1) Proceedings for the trial of a person who is not a Kenya citizen for an
offence committed within exclusive economic zone and the territorial waters shall
not be instituted in any court except with the leave of the Director of Public
Prosecutions and upon his certificate that it is expedient that proceedings should
be instituted:

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Provided that—
(i) proceedings before a subordinate court previous to the committal of
an accused person for trial or to the determination of the court that
the offender is to be put upon his trial shall not be deemed
proceedings for the trial of the offence committed by the offender for
the purposes of the consent and certificate;
(ii) it shall not be necessary to aver in a charge or information that the
consent or certificate of the Director of Public Prosecutions required
by this section has been given, and the fact of their having been
given shall be presumed unless disputed by the accused person at
the trial; and the production of a document purporting to be signed
by the Director of Public Prosecutions and containing the consent
and certificate shall be sufficient evidence for all the purposes of this
section of that consent and certificate;
(iii) this section shall not prejudice or affect the trial of an act of piracy as
defined by the Law of Nations.
(2) In this section, “offence” means an act, neglect or default of such a
description as would, if committed in England, be punishable on indictment
according to the law of England for the time being in force.
[Act No. 13 of 1967, First Sch., L.N. 299/1956, L.N. 172/1960, L.N. 474/1963, Act No. 6 of 1989,
Second Sch., Act No. 12 of 2012, Sch.]

COMPELLING ATTENDANCE OF WITNESSES

144. Summons for witness

(1) If it is made to appear that material evidence can be given by or is in the
possession of a person who will not voluntarily attend to give it or will not
voluntarily produce it, a court having cognizance of a criminal cause or matter
may issue a summons to that person requiring his attendance before the court or
requiring him to bring and produce to the court for the purpose of evidence all
documents and writings in his possession or power which may be specified or
otherwise sufficiently described in the summons.
(2) Nothing in this section shall affect the provisions of sections 131 and 132
of the Evidence Act (Cap 80).
[Act No. 46 of 1963, s. 183.]

145. 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.

146. 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.

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147. 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.

148. Power of court to order prisoner to be brought up for examination

(1) A court desirous of examining, as a witness, in a case pending before it, a
person confined in prison within the local limits of its jurisdiction, may issue an
order to the officer in charge of the prison requiring him to bring the prisoner in
proper custody, at a time to be named in the order, before the court for
examination.
(2) The officer so in charge, on receipt of the order, shall act in accordance
therewith, and shall provide for the safe custody of the prisoner during his
absence from the prison.

149. Penalty for non-attendance of witness

(1) A person summoned to attend as a witness who, without lawful excuse,
fails to attend as required by the summons, or who, having attended, departs
without having obtained the permission of the court, or who fails to attend after
adjournment of the court after being ordered to attend, shall be liable by order of
the court to a fine not exceeding five thousand shillings.
(2) The fine shall be levied by attachment and sale of movable property
belonging to the witness within the local limits of the jurisdiction of the court.
(3) In default of recovery of the fine by attachment and sale the witness may,
by order of the court, be imprisoned as a civil prisoner for a term of fifteen days
unless the fine is paid before the end of term.
(4) For good cause shown, the High Court may remit or reduce a fine
imposed under this section by a subordinate court.
[Act No. 5 of 2003, s. 72.]

EXAMINATION OF WITNESSES

150. 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.

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151. 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.]

152. Refractory witnesses

(1) Whenever a person, appearing either in obedience to a summons or by
virtue of a warrant, or being present in court and being verbally required by the
court to give evidence—
(a) refuses to be sworn; or
(b) having been sworn, refuses to answer any question put to him; or
(c) refuses or neglects to produce any document or thing which he is
required to produce; or
(d) refuses to sign his deposition,
without offering sufficient excuse for his refusal or neglect, the court may adjourn
the case for any period not exceeding eight days, and may in the meantime
commit that person to prison, unless he sooner consents to do what is required
of him.
(2) If the person, upon being brought before the court at or before the
adjourned hearing, again refuses to do what is required of him, the court may
again adjourn the case and commit him for the same period, and so again from
time to time until the person consents to do what is so required of him.
(3) Nothing contained in this section shall affect the liability of any such
person to any other punishment or proceeding for refusing or neglecting to do
what is so required of him, or shall prevent the court from disposing of the case in
the meantime according to any other sufficient evidence taken before it.

153. Repealed by Act No. 46 of 1963, Second Sch.

COMMISSIONS FOR THE EXAMINATION OF WITNESSES

154. Issue of commission for examination of witness

(1) Whenever, in the course of a proceeding under this Code, the High Court
or a magistrate empowered to hold a subordinate court of the first class is
satisfied that the examination of a witness 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 court or magistrate may issue a commission to any
magistrate within the local limits of whose jurisdiction the witness resides, to take
the evidence of the witness.
(2) The magistrate to whom the commission is issued shall proceed to the
place where the witness is or shall summon the witness before him, and shall
take down his evidence in the same manner, and may for this purpose exercise
the same powers, as in the case of a trial.

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155. Parties may examine witnesses

(1) The parties to a proceeding under this Code in which a commission is
issued may respectively forward any interrogatories in writing which the court or
magistrate directing the commission may think relevant to the issue, and the
magistrate to whom the commission is directed shall examine the witness upon
those interrogatories.
(2) Any such party may appear before the magistrate by advocate, or, if not in
custody, in person, and may examine, cross-examine and re-examine (as the
case may be) the witness.

156. 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.

157. Return of commission

(1) After a commission issued under section 154 or section 156 has been
duly executed it shall be returned, together with the deposition of the witness
examined thereunder, to the High Court or to the magistrate empowered to hold
a subordinate court of the first class (as the case may be), and the commission,
the return thereto and the deposition shall be open at all reasonable times to
inspection of the parties, and may, subject to all just exceptions, be read in
evidence in the case by either party, and shall form part of the record.
[Act No. 46 of 1963, s. 183.]

(2) A deposition so taken, if it satisfies the conditions prescribed by section

34 of the Evidence Act (Cap 80) may also be received in evidence at a
subsequent stage of the case before another court.

158. Adjournment of inquiry or trial

In a case in which a commission is issued under section 154 or section 156,
the proceedings may be adjourned for a specified time reasonably sufficient for
the execution and return of the commission.

EVIDENCE FOR DEFENCE

159. Repealed by Act No. 46 of 1963, Second Sch.

160. 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.

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161. 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
162*. Inquiry by court as to soundness of mind of accused
(1) When in the course of a trial or committal proceedings the court has
reason to believe that the accused is of unsound mind and consequently
incapable of making his defence, it shall inquire into the fact of unsoundness.
(2) If the court is of the opinion that the accused is of unsound mind and
consequently incapable of making his defence, it shall postpone further
proceedings in the case.
(3) If the case is one in which bail may be taken, the court may release the
accused person on sufficient security being given that he will be properly taken
care of and prevented from doing injury to himself or to any other person, and for
his appearance before the court or such officer as the court may appoint in that
behalf.
(4) If the case is one in which bail may not be taken, or if sufficient security is
not given, the court shall order that the accused be detained in safe custody in
such place and manner as it may think fit, and shall transmit the court record or a
certified copy thereof to the Minister for consideration by the President.
(5) Upon consideration of the record the President may by order under his
hand addressed to the court direct that the accused be detained in a mental
hospital or other suitable place of custody, and the court shall issue a warrant in
accordance with that order; and the warrant shall be sufficient authority for the
detention of the accused until the President makes a further order in the matter
or until the court which found him incapable of making his defence orders him to
be brought before it again in the manner provided by sections 163 and 164.
[Act No. 22 of 1959, s. 15, Act No. 13 of 1967, First Sch., L.N. 124/1964,
Act No. 13 of 1982, First Sch.]

163. Procedure where person of unsound mind subsequently found

capable of making defence
(1) If a person detained in a mental hospital or other place of custody under
section 162 or section 280 is found by the medical officer in charge of the mental
hospital or place to be capable of making his defence, the medical officer shall
forthwith forward a certificate to that effect to the Director of Public Prosecutions.

* Powers delegated to the Minister and to the Permanent Secretary of the Ministry for the time
being responsible for prisons, by L.N.579/1963.

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(2) The Director of Public Prosecutions shall thereupon inform the court
which recorded the finding concerning that person under section 162 whether it is
the intention of the Republic that proceedings against that person shall continue
or otherwise.
(3) In the former case, the court shall thereupon order the removal of the
person from the place where he is detained and shall cause him to be brought in
custody before it, and shall deal with him in the manner provided by section 164;
otherwise the court shall forthwith issue an order that the person be discharged
in respect of the proceedings brought against him and released from custody and
thereupon he shall be released, but the discharge and release shall not operate
as a bar to any subsequent proceedings against him on account of the same
facts.
[Act No. 22 of 1959, s. 16, Act No. 13 of 1967, First Sch., Act No. 20 of 1989, Sch.,
Act No. 12 of 2012, Sch.]

164. 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.]

165. Repealed by Act No. 5 of 2003, s. 74.

166. *Defence of lunacy adduced at trial

(1) Where an act or omission is charged against a person as an offence, and
it is given in evidence on the trial of that person for that offence that he was
insane so as not to be responsible for his acts or omissions at the time when the
act was done or the omission made, then if it appears to the court before which
the person is tried that he did the act or made the omission charged but was
insane at the time he did or made it, the court shall make a special finding to the
effect that the accused was guilty of the act or omission charged but was insane
when he did the act or made the omission.
(2) When a special finding is so made, the court shall report the case for the
order of the President, and shall meanwhile order the accused to be kept in
custody in such place and in such manner as the court shall direct.
(3) The President may order the person to be detained in a mental hospital,
prison or other suitable place of safe custody.
(4) The officer in charge of a mental hospital, prison or other place in which a
person is detained by an order of the President under subsection (3) shall make
a report in writing to the Minister for the consideration of the President in respect
of the condition, history and circumstances of the person so detained, at the
expiration of a period of three years from the date of the President’s order and
thereafter at the expiration of each period of two years from the date of the last
report.

* Powers delegated to the Minister and to the Permanent Secretary of the Ministry for the time
being responsible for prisons, by L.N.579/1963.

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(5) On consideration of the report, the President may order that the person so
detained be discharged or otherwise dealt with, subject to such conditions as to
his remaining under supervision in any place or by any person, and to such other
conditions for ensuring the safety and welfare of the person in respect of whom
the order is made and of the public, as the President thinks fit.
(6) Notwithstanding the subsections (4) and (5), a person or persons
thereunto empowered by the President may, at any time after a person has been
detained by order of the President under subsection (3), make a special report to
the Minister for transmission to the President, on the condition, history and
circumstances of the person so detained, and the President, on consideration of
the report, may order that the person be discharged or otherwise dealt with,
subject to such conditions as to his remaining under supervision in any place or
by any person, and to such other conditions for ensuring the safety and welfare
of the person in respect of whom the order is made and of the public, as the
President thinks fit.
(7) The President may at any time order that a person detained by order of
the President under subsection (3) be transferred from a mental hospital to a
prison or from a mental hospital, or from any place in which he is detained or
remains under supervision to either a prison or a mental hospital.
[Act No. 22 of 1959, s. 16, Act No. 13 of 1967, First Sch., L.N. 124/1964.]

167. *Procedure when accused does not understand proceedings

(1) If the accused, though not insane, cannot be made to understand the
proceedings—
(a) in cases tried by a subordinate court, the court shall proceed to hear
the evidence, and, if at the close of the evidence for the prosecution,
and, if the defence has been called upon, of any evidence for the
defence, the court is of the opinion that the evidence which it has
heard would not justify a conviction, it shall acquit and discharge the
accused, but if the court is of the opinion that the evidence which it
has heard would justify a conviction it shall order the accused to be
detained during the President’s pleasure; but every such order shall
be subject to confirmation by the High Court;
(b) in cases tried by the High Court, the Court shall try the case and at
the close thereof shall either acquit the accused person or, if
satisfied that the evidence would justify a conviction, shall order that
the accused person be detained during the President’s pleasure.
(2) A person ordered to be detained during the President’s pleasure shall be
liable to be detained in such place and under such conditions as the President
may from time to time by order direct, and whilst so detained shall be deemed to
be in lawful custody.
(3) The President may at any time of his own motion, or after receiving a
report from any person or persons thereunto empowered by him, order that a
person detained as provided in subsection (2) be discharged or otherwise dealt
with, subject to such conditions as to the person remaining under supervision in
any place or by any person, and such other conditions for ensuring the welfare of
the detained person and the public, as the President thinks fit.

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(4) When a person has been ordered to be detained during the Presidents
pleasure under paragraph (a) or paragraph (b) of subsection (1), the confirming
or presiding judge shall forward to the Minister a copy of the notes of evidence
taken at the trial, with a report in writing signed by him containing any
recommendation or observations on the case he may think fit to make.
[Act No. 22 of 1959, s. 16, Act No. 13 of 1967, First Sch., L.N. 124/1964, Act No. 13 of 1982, s. 4,
Act No. 5 of 2003, s. 75.]

JUDGMENT

168. Mode of delivering judgment

(1) The judgment in every trial in a criminal court in the exercise of its original
jurisdiction shall be pronounced, or the substance of the judgment shall be
explained, in open court either immediately after the termination of the trial or at
some subsequent time, of which notice shall be given to the parties and their
advocates, if any:
Provided that the whole judgment shall be read out by the presiding judge
or magistrate if he is requested so to do either by the prosecution or the defence.
(2) The accused person shall, if in custody, be brought before the court, or, if
not in custody, be required by the court to attend, to hear judgment delivered,
except where his personal attendance during the trial has been dispensed with
and the sentence is one of a fine only or he is acquitted.
(3) No judgment delivered by a court shall be invalid by reason only of the
absence of a party or his advocate on the day or from the place notified for the
delivery thereof, or of any omission to serve, or defect in serving, on the parties
or their advocates, or any of them, the notice of the day and place.
(4) Nothing in this section shall limit in any way the provisions of section 382.

169. Contents of judgment

(1) Every such judgment shall, except as otherwise expressly provided by
this Code, be written by or under the direction of the presiding officer of the court
in the language of the court, and shall contain the point or points for
determination, the decision thereon and the reasons for the decision, and shall
be dated and signed by the presiding officer in open court at the time of
pronouncing it.
(2) In the case of a conviction, the judgment shall specify the offence of
which, and the section of the Penal Code or other law under which, the accused
person is convicted, and the punishment to which he is sentenced.
(3) In the case of an acquittal, the judgment shall state the offence of which
the accused person is acquitted, and shall direct that he be set at liberty.
[Act No. 22 of 1959, s. 17.]

170. 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.]

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Costs and Compensation

171. Power to order costs against accused or private prosecutor
(1) A judge of the High Court or a magistrate of a subordinate court of the first
or second class may order a person convicted before him of an offence to pay to
the public or private prosecutor, as the case may be, such reasonable costs as
the judge or magistrate may deem fit, in addition to any other penalty imposed.
(2) A judge of the High Court or a magistrate of a subordinate court of the first
or second class who acquits or discharges a person accused of an offence may,
if the prosecution for the offence was originally instituted on a summons or
warrant issued by a court on the application of a private prosecutor, order the
private prosecutor to pay to the accused such reasonable costs as the judge or
magistrate may deem fit:
Provided that—
(i) the costs shall not exceed twenty thousand shillings in the High
Court or ten thousand shillings in the case of an acquittal or
discharge by a subordinate court; and
(ii) no such order shall be made if the judge or magistrate considers
that the private prosecutor had reasonable grounds for making his
complaint.
(3) Repealed by Act No. 13 of 1967.
[Act No. 13 of 1967, Act No. 5 of 2003, s. 77.]

172. 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.

173. Repealed by Act No. 13 of 1967, s. 5.

174. Costs and compensation to be specified in order, how recoverable

(1) Sums allowed for costs awarded under section 171 shall in all cases be
specified in the conviction or order.
(2) If the person who has been ordered to pay costs fails so to pay, he shall,
in default of distress levied in accordance with section 334 of this Code, be liable
to imprisonment in accordance with the scale laid down in section 28 of the Penal
Code, unless the costs shall be sooner paid:
Provided that in no case shall the period of imprisonment imposed under
this section exceed three months.
[Act No. 13 of 1967, First Sch., Cap. 63.]

175. Orders for compensation and expenses

(1) A court which—
(a) on convicting a person of an offence, imposes a fine, or a sentence
of which a fine forms part; or
(b) on appeal, revision or otherwise, confirms such a sentence,
may, when passing judgment, order the whole or any part of the fine recovered to
be applied in defraying expenses properly incurred in the prosecution of the offence.

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(2) A court which—

(a) convicts a person of an offence or, on appeal, revision or otherwise,
confirms the conviction; and
(b) finds, on the facts proven in the case, that the convicted person has,
by virtue of the act constituting the offence, a civil liability to the
complainant or another person (in either case referred to in this
section as the “injured party”),
may order the convicted person to pay to the injured party such sum as it
considers could justly be recovered as damages in civil proceedings brought by
the injured party against the convicted person in respect of the civil liability
concerned.
(3) No order shall be made under subsection (2)—
(a) so as to require payment of an amount that exceeds the amount that
the court making the order is authorised by law to award or confirm
as damages in civil proceedings; or
(b) in any case where, by reason of—
(i) the complexity of evidentiary matters affecting the quantum of
damages;
(ii) the insufficiency of evidence before it in relation to such
damages or their quantum;
(iii) the provisions of the Limitation of Actions Act (Cap 22); or
(iv) any other circumstances,
the court considers that such an order would unduly prejudice the rights of the
convicted person in respect of the civil liability.
(4) No order under this section shall take effect—
(a) before the expiry of the time limited for appeal against the conviction
or sentence in respect of which the order was made; or
(b) while any such conviction or sentence is the subject of appeal,
unless and until the conviction or sentence, and the order, are
confirmed by the court determining the appeal.
(5) A court determining an appeal referred to in subsection (4) shall affirm,
quash or vary an order under this section, as justice requires.
(6) An order under this section that has taken effect is enforceable in the same
manner as a judgment in civil proceedings for the amount awarded by the order.
(7) An award by order under this section in respect of a civil liability is, to the
extent of the amount awarded, a defence in any subsequent proceedings
instituted in respect of that liability.
[Act No. 5 of 2003, s. 78.]

176. 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.

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RESTITUTION OF PROPERTY

177. 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—
(a) that the property or a part thereof be restored to the person who
appears to the court to be entitled thereto, and, if he be the person
charged, that it be restored either to him or to such other person as
he may direct; or
(b) that the property or a part thereof be applied to the payment of any
fine or any costs or compensation directed to be paid by the person
charged.

178. Property stolen

(1) If a person guilty of an offence mentioned in Chapters XXVI to XXXI, both
inclusive, of the Penal Code (Cap 63), in stealing, taking, obtaining, extorting,
converting or disposing of, or in knowingly receiving, any property, is prosecuted
to conviction by or on behalf of the owner of the property, the property shall be
restored to the owner or his representative.
(2) In every case referred to in this section, the court before whom the
offender is convicted may award from time to time writs of restitution for the
property or order the restitution thereof in a summary manner:
Provided that—
(i) where goods as defined in the Sale of Goods Act (Cap 31) have
been obtained by fraud or other wrongful means not amounting to
stealing, the property in the goods shall not revest in the person who
was the owner of the goods, or his personal representative, by
reason only of the conviction of the offender;
(ii) nothing in this section shall apply to the case of a valuable security
which has been in good faith paid or discharged by a person liable
to the payment thereof, or, being a negotiable instrument, has been
taken or received in good faith by transfer or delivery by a person for
a just and valuable consideration without notice or without
reasonable cause to suspect that it has been stolen.
(3) On the restitution of stolen property, if it appears to the court by the
evidence that the offender has sold the stolen property to a person, and that that
person has had no knowledge that it was stolen, and that moneys have been
taken from the offender on his apprehension, the court may, on the application of
the purchaser, order that out of those moneys a sum not exceeding the amount
of the proceeds of the sale be delivered to the purchaser.
(4) The operation of an order under this section shall (unless the court before
which the conviction takes place directs to the contrary in any case in which the
title to the property is not in dispute) be suspended—
(a) in any case, until the time for appeal has elapsed; and
(b) in a case where an appeal is lodged, until the determination of the
appeal,

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and in cases where the operation of any such order is suspended until the
determination of the appeal, the order shall not take effect as to the property in
question if the conviction is quashed on appeal.
(5) The Chief Justice may make rules for securing the safe custody of
property, pending the suspension of the operation of an order made under this
section.
(6) A person aggrieved by an order made under this section may appeal to
the High Court, and upon the hearing of the appeal the court may by order annul
or vary an order made on a trial for the restitution of property to any person,
although the conviction is not quashed; and the order, if annulled, shall not take
effect, and, if varied, shall take effect as so varied.
(7) In this section and in section 177, “property” includes, in the case of
property regarding which the offence appears to have been committed, not only
property which was originally in the possession or under the control of a person
but also property into which or for which it may have been converted or
exchanged and anything acquired by the conversion or exchange whether
immediately or otherwise.
[Act No. 27 of 1961, Sch., Act No. 11 of 1970, Sch.]

CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED

179. When offence proved is included in offence charged
(1) When a person is charged with an offence consisting of several particulars,
a combination of some only of which constitutes a complete minor offence, and the
combination is proved but the remaining particulars are not proved, he may be
convicted of the minor offence although he was not charged with it.
(2) When a person is charged with an offence and facts are proved which
reduce it to a minor offence, he may be convicted of the minor offence although
he was not charged with it.

180. 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.

181. Charges of certain offences respecting infant and unborn children,

and abortion, etc.
(1) When a woman is charged with the murder of her child, being a child
under the age of twelve months, and the court is of the opinion that she by a
wilful act or omission caused its death but at the time of the act or omission she
had not fully recovered from the effect of giving birth to that child and that by
reason thereof or by reason of the effect of lactation consequent upon the birth of
the child the balance of her mind was then disturbed, she may, notwithstanding
that the circumstances were such that but for the provisions of section 210 of the
Penal Code she might be convicted of murder, be convicted of the offence of
infanticide although she was not charged with it.
(2) When a person is charged with the murder or manslaughter of a child or
with infanticide, or with an offence under section 158 or section 159 of the Penal
Code (relating to the procuring of abortion), and the court is of the opinion that he

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is not guilty of murder, manslaughter or infanticide or an offence under section

158 or section 159 of the Penal Code (Cap 63), but that he is guilty of the offence
of killing an unborn child, he may be convicted of that offence although he was
not charged with it.
(3) When a person is charged with killing an unborn child 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 158 and 159 of the Penal Code, he may be convicted
of that offence although he was not charged with it.
(4) When a person is charged with the murder or infanticide of a child or with
killing an unborn child and the court is of the opinion that he is not guilty of any of
those offences, and if it appears in evidence that the child had recently been born
and that the person did, by some secret disposition of the dead body of the child,
endeavour to conceal the birth of that child, he may be convicted of the offence
of endeavouring to conceal the birth of that child although he was not charged
with it.

182. 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.]

183. 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.
[Act No. 57 of 1955, s. 5, Act No. 19 of 1964, s. 2, L.N. 761/1963.]

184. 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, Sch. 2, s. 3(2).]

185. Repealed by Act No. 3 of 2006, Second Sch.

(b) With offences under the Sexual Offences Act;
[Act No. 3 of 2006, Sch. 2, s. 3(3).]

186. 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.
[Act No. 15 of 1961, Sch., Act No. 10 of 1969, Sch., Act No. 3 of 2006, Sch. 2, s. 3(4).]

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187. 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.

188. Charge of stealing

When a person is charged with stealing anything and—
(a) the facts proved amount to an offence under section 322 or section
323 of the Penal Code (Cap 63), he may be convicted of that
offence although he was not charged with it;
(b) it is proved that he obtained the thing in a manner as would amount,
under the provisions of the Penal Code or of any other law for the
time being in force, to obtaining it by false pretences with intent to
defraud, he may be convicted of the offence of obtaining it by false
pretences although he was not charged with it.
[Act No. 22 of 1959, s. 20.]

189. 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.

190. 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.
[Act No. 13 of 1967, First Sch.]

191. 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.

MISCELLANEOUS PROVISIONS
192. 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.

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193. 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.

193A. 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.]

PART V – MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS

GENERAL
194. 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).
[Act No. 13 of 1982, First Sch.]

195. Repealed by Act No. 46 of 1963, Second Sch.

196. Repealed by Act No. 46 of 1963, Second Sch.

SUBORDINATE COURTS
197. Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be
recorded in the following manner—
(a) the evidence of each witness shall be taken down in writing or on a
typewriter in the language of the court by the magistrate, or in his
presence and hearing and under his personal direction and
superintendence, and shall be signed by the magistrate, and shall
form part of the record;
(b) such evidence shall not ordinarily be taken down in the form of
question and answer, but in the form of a narrative:
Provided that the magistrate may take down or cause to be taken down any
particular question and answer.
(2) Notwithstanding the provisions of subsection (1), a record of any
proceedings at a trial by or before a magistrate may be taken in shorthand if the
magistrate so directs; and a transcript of the shorthand shall be made if the
magistrate so orders, and the transcript shall form part of the record.
(3) If a witness asks that his evidence be read over to him the magistrate
shall cause that evidence to be read over to him in a language which he
understands.
[Act No. 57 of 1955, s. 6, Act No. 22 of 1959, s. 22, Act No. 13 of 1982, First Sch.]

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198. Interpretation of evidence to accused or his advocate

(1) Whenever any evidence is given in a language not understood by the
accused, and he is present in person, it shall be interpreted to him in open court
in a language which he understands.
(2) If he appears by advocate and the evidence is given in a language other
than English and not understood by the advocate, it shall be interpreted to the
advocate in English.
(3) When documents are put in for the purpose of formal proof, it shall be in
the discretion of the court to interpret as much thereof as appears necessary.
(4) The language of the High Court shall be English, and the language of a
subordinate court shall be English or Swahili.
[Act No. 17 of 1967, s. 28.]

199. 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.

200. Conviction on evidence partly recorded by one magistrate and partly

by another
(1) Subject to subsection (3), where a magistrate, after having heard and
recorded the whole or part of the evidence in a trial, ceases to exercise
jurisdiction therein and is succeeded by another magistrate who has and
exercises that jurisdiction, the succeeding magistrate may—
(a) deliver a judgment that has been written and signed but not
delivered by his predecessor; or
(b) where judgment has not been written and signed by his
predecessor, act on the evidence recorded by that predecessor, or
resummon the witnesses and recommence the trial.
[Act No. 13 of 1982, First Sch., Act No. 11 of 1983, Sch.]

(2) Where a magistrate who has delivered judgment in a case but has not
passed sentence, ceases to exercise jurisdiction therein and is succeeded by a
magistrate who has and exercises that jurisdiction, the succeeding magistrate
may pass sentence or make any order that he could have made if he had
delivered judgment.
(3) Where a succeeding magistrate commences the hearing of proceedings
and part of the evidence has been recorded by his predecessor, the accused
person may demand that any witness be resummoned and reheard and the
succeeding magistrate shall inform the accused person of that right
(4) Where an accused person is convicted upon evidence that was not wholly
recorded by the convicting magistrate, the High Court may, if it is of the opinion
that the accused person was materially prejudiced thereby, set aside the
conviction and may order a new trial.

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HIGH COURT

201. Rules as to taking down of evidence

(1) The Chief Justice may make rules of court prescribing the manner in
which evidence shall be taken down in cases coming before the High Court, and
the judges shall take down the evidence or the substance thereof in accordance
with those rules.
(2) The provisions of section 200 of this Act shall apply mutatis mutandis to
trials held in the High Court.
[Act No. 27 of 1961, Sch., Act No. 7 of 2007, Sch.]

PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF

CASES

202. 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.]

203. 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.

204. 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.

205. Adjournment
(1) The court may, before or during the hearing of a case, adjourn the hearing
to a certain time and place to be then appointed and stated in the presence and
hearing of the party or parties or their respective advocates then present, and in
the meantime the court may allow the accused person to go at large, or may

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commit him to prison, or may release him upon his entering into a recognizance
with or without sureties conditioned for his appearance at the time and place to
which the hearing or further hearing is adjourned:
Provided that no such adjournment shall be for more than thirty clear days,
or, if the accused person has been committed to prison, for more than fifteen
clear days, the day following that on which the adjournment is made being
counted as the first day.
(2) Notwithstanding subsection (1), the court may commit the accused
persons to police custody—
(a) for not more than three clear days if there is no prison within five
miles of the court-house; or
(b) for not more than seven clear days if there is no prison within five
miles of the court-house and the court is not due to sit again at that
court-house within three days; or
(c) at the request of the accused person, for not more than fifteen clear
days.
(3) For the purposes of this section, in relation to any case where the
maximum sentence for the offence with which the accused person is charged is
punishable only by fine, or by imprisonment not exceeding twelve months with or
without a fine “prison” shall be deemed to include a detention camp established
in accordance with the Detention Camps Act (Cap 91).
[Act No. 22 of 1959, s. 24, Act No. 21 of 1971, s. 8.]

206. Non-appearance of parties after adjournment

(1) If, at the time or place to which the hearing or further hearing is adjourned,
the accused person does not appear before the court which made the order of
adjournment, the court may, unless the accused person is charged with felony,
proceed with the hearing or further hearing as if the accused were present, and if
the complainant does not appear the court may dismiss the charge with or
without costs.
(2) If the court convicts the accused person in his absence, it may set aside
the conviction upon being satisfied that his absence was from causes over which
he had no control, and that he had a probable defence on the merits.
(3) A sentence passed under subsection (1) shall be deemed to commence
from the date of apprehension, and the person effecting apprehension shall
endorse the date thereof on the back of the warrant of commitment.
(4) If the accused person who has not appeared is charged with a felony, or if
the court refrains from convicting the accused in his absence, the court shall
issue a warrant for the apprehension of the accused person and cause him to be
brought before the court.
[Act No. 11 of 2008, s. 4.]

207. Accused to be called upon to plead

(1) The substance of the charge shall be stated to the accused person by the
court, and he shall be asked whether he pleads not guilty, guilty or guilty subject
to a plea agreement.

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(2) If the accused person admits the truth of the charge otherwise than by a
plea agreement his admission shall be recorded as nearly as possible in the
words used by him, and the court shall convict him and pass sentence upon or
make an order against him, unless there appears to it sufficient cause to the
contrary:
Provided that after conviction and before passing sentence or making any
order the court may permit or require the complainant to outline to the court the
facts upon which the charge is founded.
(3) If the accused person does not admit the truth of the charge, the court
shall proceed to hear the case as hereinafter provided.
(4) If the accused person refuses to plead, the court shall order a plea of “not
guilty” to be entered for him.
(5) If the accused pleads—
(a) that he has been previously convicted or acquitted on the same
facts of the same offence; or
(b) that he has obtained the President’s pardon for his offence,
the court shall first try whether the plea is true or not, and if the court holds that
the evidence adduced in support of the plea does not sustain it, or if it finds that
the plea is false, the accused shall be required to plead to the charge.
[Act No. 22 of 1959, s. 25, Act No. 13 of 1967, First Sch., Act No. 4 of 1974, Sch.,
Act No. 11 of 2008, s. 4.]

208. Procedure on plea of not guilty

(1) If the accused person does not admit the truth of the charge, the court
shall proceed to hear the complainant and his witnesses and other evidence (if
any).
(2) The accused person or his advocate may put questions to each witness
produced against him.
(3) If the accused person does not employ an advocate, the court shall, at the
close of the examination of each witness for the prosecution, ask the accused
person whether he wishes to put any questions to that witness and shall record
his answer.

209. Repealed by Act No. 13 of 1982, First Sch.

210. 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.
[Act No. 13 of 1967, First Sch.]

211. Defence
(1) At the close of the evidence in support of the charge, and after hearing
such summing up, submission or argument as may be put forward, if it appears
to the court that a case is made out against the accused person sufficiently to

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require him to make a defence, the court shall again explain the substance of the
charge to the accused, and shall inform him that he has a right to give evidence
on oath from the witness box, and that, if he does so, he will be liable to cross-
examination, or to make a statement not on oath from the dock, and shall ask
him whether he has any witnesses to examine or other evidence to adduce in his
defence, and the court shall then hear the accused and his witnesses and other
evidence (if any).
(2) If the accused person states that he has witnesses to call but that they are
not present in court, and the court is satisfied that the absence of those
witnesses is not due to any fault or neglect of the accused person, and that there
is a likelihood that they could, if present, give material evidence on behalf of the
accused person, the court may adjourn the trial and issue process, or take other
steps, to compel the attendance of the witnesses.
[Act No. 13 of 1967, First Sch.]

212. 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.

213. 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.]

214. Variance between charge and evidence, and amendment of charge

(1) Where, at any stage of a trial before the close of the case for the
prosecution, it appears to the court that the charge is defective, either in substance
or in form, the court may make such order for the alteration of the charge, either by
way of amendment of the charge or by the substitution or addition of a new charge,
as the court thinks necessary to meet the circumstances of the case:
Provided that—
(i) where a charge is so altered, the court shall thereupon call upon the
accused person to plead to the altered charge;
(ii) where a charge is altered under this subsection the accused may
demand that the witnesses or any of them be recalled and give their
evidence afresh or be further cross-examined by the accused or his
advocate, and, in the last-mentioned event, the prosecution shall
have the right to re-examine the witness on matters arising out of
further cross-examination.
(2) Variance between the charge and the evidence adduced in support of it
with respect to the time at which the alleged offence was committed is not
material and the charge need not be amended for the variance if it is proved that
the proceedings were in fact instituted within the time (if any) limited by law for
the institution thereof.

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(3) Where an alteration of a charge is made under subsection (1) and there is
a variance between the charge and the evidence as described in subsection (2),
the court shall, if it is of the opinion that the accused has been thereby misled or
deceived, adjourn the trial for such period as may be reasonably necessary.

215. Decision
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.

216. 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.]

217. 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.

218. 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
219. 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.

220. Repealed by Act No. 5 of 2003, s. 80.

221. Committal to higher court for sentence

(1) Where a person of not less than eighteen years of age is convicted by a
subordinate court of the second class of an offence which is punishable by either
that court or a subordinate court of the first class, and the court convicting him,
after obtaining information as to his character and antecedents, is of the opinion
that they are such that greater punishment should be inflicted than it has power
to inflict, that court may, instead of dealing with him itself, commit him in custody
to the Resident Magistrate’s Court for sentence.
(2) Where a person who is not less than eighteen years of age is convicted
by a subordinate court of the first class of an offence which is punishable by
either that court or the High Court, and the court convicting him, after obtaining
information as to his character and antecedents, is of the opinion that they are

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such that greater punishment should be inflicted than it has power to inflict, that
court may, instead of dealing with him itself, commit him in custody to the High
Court for sentence.
(3) Where the offender is committed under subsection (1) or subsection (2)
for sentence, the court to which he is committed shall inquire into the
circumstances of the case, and may deal with the offender in any manner in
which he could be dealt with if he had been convicted by that court; and, if that
court passes a sentence which the court convicting him had not the power to
pass, the offender may appeal against the sentence to the High Court (if
sentenced by a subordinate court of the first class), or to the Court of Appeal (if
sentenced by the High Court), but otherwise he shall have the same right of appeal
in all respects as if he had been sentenced by the court which convicted him.
[Act No. 17 of 1967, s. 29, Act No. 5 of 2003, s. 81.]

PART VII – (Sections 222 to 229) [Repealed]

222. Repealed by Act No. 33 of 1963, First Sch.
223. Repealed by Act No. 33 of 1963, First Sch.
224. Repealed by Act No. 33 of 1963, First Sch.
225. Repealed by Act No. 33 of 1963, First Sch.
226. Repealed by Act No. 33 of 1963, First Sch.
227. Repealed by Act No. 33 of 1963, First Sch.
228. Repealed by Act No. 33 of 1963, First Sch.
229. Repealed by Act No. 33 of 1963, First Sch.

PART VIII – PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED

PERSONS FOR TRIAL BEFORE THE HIGH COURT
COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS
230. Repealed by Act No. 5 of 2003, s. 82.
231. Repealed by Act No. 5 of 2003, s. 82.
232. Repealed by Act No. 5 of 2003, s. 82.
233. Repealed by Act No. 5 of 2003, s. 82.
234. Repealed by Act No. 5 of 2003, s. 82.
234. Repealed by Act No. 5 of 2003, s. 82.
236. Repealed by Act No. 13 of 1982, s. 7.
237. Repealed by Act No. 13 of 1982, s. 7.
238. Repealed by Act No. 13 of 1982, s. 7.
239. Repealed by Act No. 13 of 1982, s. 7.

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240. Repealed by Act No. 13 of 1982, s. 7.

241. Repealed by Act No. 13 of 1982, s. 7.

242. Repealed by Act No. 13 of 1982, s. 7.

243. Repealed by Act No. 13 of 1982, s. 7.

244. Repealed by Act No. 13 of 1982, s. 7.

245. Repealed by Act No. 13 of 1982, s. 7.

246. Repealed by Act No. 5 of 2003, s. 82.

247. Repealed by Act No. 5 of 2003, s. 82.

248. Repealed by Act No. 5 of 2003, s. 82.

249. Repealed by Act No. 5 of 2003, s. 82.

250. Repealed by Act No. 5 of 2003, s. 82.

251. Repealed by Act No. 5 of 2003, s. 82.

252. Repealed by Act No. 5 of 2003, s. 82.

253. Repealed by Act No. 5 of 2003, s. 82.

254. Repealed by Act No. 13 of 1982, s. 8.

255. Repealed by Act No. 13 of 1982, s. 8.

256. Repealed by Act No. 13 of 1982, s. 8.

257. Repealed by Act No. 13 of 1982, s. 8.

258. Repealed by Act No. 13 of 1982, s. 8.

259. Repealed by Act No. 13 of 1982, s. 8.

260. Repealed by Act No. 13 of 1982, s. 8.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

261. Repealed by Act No. 5 of 2003, s. 83.

262. Repealed by Act No. 7 of 2007, Sch.

263. Repealed by Act No. 7 of 2007, Sch.

264. Repealed by Act No. 33 of 1963, First Sch.

265. Repealed by Act No. 7 of 2007, Sch.

266. Repealed by Act No. 7 of 2007, Sch.

267. Repealed by Act No. 33 of 1963, First Sch.

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268. Repealed by Act No. 33 of 1963, First Sch.

269. Repealed by Act No. 7 of 2007, Sch.

270. Repealed by Act No. 7 of 2007, Sch.

271. Repealed by Act No. 7 of 2007, Sch.

272. Repealed by Act No. 33 of 1963, First Sch.

273. Repealed by Act No. 7 of 2007, Sch.

Arraignment
274. 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.

275. Orders for amendment of information, separate trial, and postponement

of trial
(1) Every objection to an information for a formal defect on the face thereof
shall be taken immediately after the information has been read over to the
accused person and not later.
(2) Where, before a trial upon information or at any stage of the trial, it
appears to the court that the information is defective, the court shall make an
order for the amendment of the information as the court thinks necessary to meet
the circumstances of the case, unless, having regard to the merits of the case,
the required amendments cannot be made without injustice; and any
amendments shall be made upon such terms as to the court shall seem just.
(3) Where an information is so amended, a note of the order for amendment
shall be endorsed on the information, and the information shall be treated for the
purposes of all proceedings in connexion therewith as having been filed in the
amended form.
(4) Where, before a trial upon information or at any stage of the trial, the court
is of the opinion that the accused may be prejudiced or embarrassed in his
defence by reason of being charged with more than one offence in the same
information, or that for any other reason it is desirable to direct that the accused
should be tried separately for any one or more offences charged in an
information, the court may order a separate trial of any count or counts of the
information.
(5) Where, before a trial upon information or at any stage of the trial, the court
is of the opinion that the postponement of the trial of the accused is expedient as a
consequence of the exercise of any power of the court under this Code, the court
shall make such order as to the postponement of the trial as appears necessary.

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(6) Where an order of the court is made under this section for a separate trial
or for postponement of a trial—
(a) Repealed by Act No. 7 of 2007, Sch.
(b) the procedure on the separate trial of a count shall be the same in
all respects as if the count had been found in a separate
information, and the procedure on the postponed trial shall be the
same in all respects (provided that the assessors, if any, have been
discharged) as if the trial had not commenced; and
(c) the court may make such order as to admitting the accused to bail,
and as to the enlargement of recognizances and otherwise, as the
court thinks fit.
(7) A power of the court under this section shall be in addition to and not in
derogation of any other power of the court for the same or similar purposes.
[Act No. 33 of 1963, First Sch.]

276. Quashing of information

(1) If an information does not state, and cannot by amendment authorized by
section 275 be made to state, an offence of which the accused has had notice, it
shall be quashed either on a motion made before the accused pleads or on a
motion made in arrest of judgment.
(2) A written statement of every such motion shall be delivered to the
Registrar or other officer of the court by or on behalf of the accused and shall be
entered upon the record.

277. 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—
(a) the part of the information stating the previous conviction shall not
be read out in court, nor shall the accused be asked whether he has
been previously convicted as alleged in the information, unless and
until he has either pleaded guilty to or been convicted of the
subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he
shall then be asked whether he has been previously convicted as
alleged in the information;
(c) if he answers that he has been so previously convicted, the judge
may proceed to pass sentence on him accordingly; but if he denies
that he has been so previously convicted, or refuses to or does not
answer the question, the court and the assessors shall then hear
evidence concerning the previous conviction:
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.
[Act No. 33 of 1963, First Sch.]

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278. 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.

279. Plea of autrefois acquit and autrefois convict

(1) An accused person against whom an information is filed may plead—
(a) that he has been previously convicted or acquitted of the same
offence; or
(b) that he has obtained the President’s pardon for his offence.
(2) If either of those pleas are pleaded and denied to be true, the court shall
try whether the plea is true or not.
(3) If the court holds that the facts alleged by the accused do not prove the
plea, or if it finds that it is false, the accused shall be required to plead to the
information.
[Act No. 13 of 1967, First Sch.]

280. Refusal to plead

(1) If an accused person being arraigned upon an information stands mute of
malice, or neither will nor by reason of infirmity can, answer directly to the
information, the court may order the Registrar or other officer of the court to enter
a plea of “not guilty” on behalf of the accused person, and plea so entered shall
have the same force and effect as if the accused person had actually pleaded it;
or else the court shall thereupon proceed to try whether the accused person be
of sound or unsound mind, and, if he is found of sound mind, shall proceed with
the trial, and if he is found of unsound mind, and consequently incapable of
making his defence, shall order the trial to be postponed and the accused person
to be kept meanwhile in safe custody in such place and manner as the court
thinks fit, and shall report the case for the order of the President.
(2) The President may order the accused person to be confined in a lunatic
asylum, prison or other suitable place for safe custody.
[L.N. 124/1964.]

281. Plea generally and application of Part IVA

(1) An accused person may plead not guilty, guilty, or guilty subject to a plea
agreement.
(2) Where an accused person pleads guilty subject to a plea agreement, the
provisions of Part IV relating to plea agreements shall apply accordingly.
[Act No. 11 of 2008, s. 5.]

282. Procedure on plea of “not guilty”

If the accused pleads “not guilty”, or if a plea of “not guilty” is entered in
accordance with section 280, the court shall proceed to try the case.
[Act No. 33 of 1963, First Sch., Act No. 7 of 2007, Sch.]

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283. Power to postpone or adjourn proceedings

(1) If, from the absence of witnesses or any other reasonable cause to be
recorded in the proceedings, the court considers it necessary or advisable to
postpone the commencement of or to adjourn a trial, the court may from time to
time postpone or adjourn it on such terms as it thinks fit for such time as it
considers reasonable, and may by warrant remand the accused to some prison
or other place of security.
(2) During a remand the court may at any time order the accused to be
brought before it.
(3) The court may on a remand admit the accused to bail.

284. Repealed by Act No. 33 of 1963, First Sch.

285. Repealed by Act No. 33 of 1963, First Sch.

286. Repealed by Act No. 33 of 1963, First Sch.

287. Repealed by Act No. 33 of 1963, First Sch.

288. Repealed by Act No. 33 of 1963, First Sch.

289. Repealed by Act No. 33 of 1963, First Sch.

290. Repealed by Act No. 33 of 1963, First Sch.

291. Repealed by Act No. 33 of 1963, First Sch.

292. Repealed by Act No. 33 of 1963, First Sch.

293. Repealed by Act No. 33 of 1963, First Sch.

294. Repealed by Act No. 33 of 1963, First Sch.

295. Repealed by Act No. 33 of 1963, First Sch.

296. Repealed by Act No. 33 of 1963, First Sch.

297. Repealed by Act No. 7 of 2007, Sch.

298. Repealed by Act No. 7 of 2007, Sch.

299. Repealed by Act No. 7 of 2007, Sch.

CASE FOR THE PROSECUTION

300. Opening of case for prosecution

The advocate for the prosecution shall open the case against the accused
person, and shall call witnesses and adduce evidence in support of the charge.
[Act No. 33 of 1963, First Sch., Act No. 7 of 2007, Sch.]

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301. Repealed by Act No. 5 of 2003, s. 84.

302. 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.

303. Repealed by Act No. 13 of 1982, First Sch.

304. Repealed by Act No. 13 of 1982, First Sch.

305. Repealed by Act No. 5 of 2003, s. 85.

306. Close of case for prosecution

(1) When the evidence of the witnesses for the prosecution has been
concluded, the court, if it considers that there is no evidence that the accused or
any one of several accused committed the offence shall, after hearing, if
necessary, any arguments which the advocate for the prosecution or the defence
may desire to submit, record a finding of not guilty.

(2) When the evidence of the witnesses for the prosecution has been
concluded, the court, if it considers that there is evidence that the accused
person or any one or more of several accused persons committed the offence,
shall inform each such accused person of his right to address the court, either
personally or by his advocate (if any), to give evidence on his own behalf, or to
make an unsworn statement, and to call witnesses in his defence, and in all
cases shall require him or his advocate (if any) to state whether it is intended to
call any witnesses as to fact other than the accused person himself; and upon
being informed thereof, the judge shall record the fact.

(3) If the accused person says that he does not intend to give evidence or
make an unsworn statement, or to adduce evidence, then the advocate for the
prosecution may sum up the case against the accused person; but if the accused
person says that he intends to give evidence or make an unsworn statement, or
to adduce evidence, the court shall call upon him to enter upon his defence.
[Act No. 33 of 1963, First Sch., Act No. 20 of 1965, s. 33, Act No. 5 of 2003, s. 86.]

CASE FOR THE DEFENCE

307. Defence

(1) The accused person or his advocate may then open his case, stating the
facts or law on which he intends to rely, and making such comments as he thinks
necessary on the evidence for the prosecution; the accused person may then
give evidence on his own behalf and he or his advocate may examine his
witnesses (if any), and after their cross-examination and re-examination (if any)
may sum up his case.
[Act No. 13 of 1982, s. 10, Act No. 5 of 2003, s. 87.]

(2) Repealed by Act No. 5 of 2003, s. 87.

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308. Additional witnesses for the defence

The accused person shall be allowed to examine any witness not previously
summoned to give evidence at the trial, if that witness is in attendance.
[Act No. 13 of 1982, First Sch., Act No. 11 of 1983, Sch.]

309. 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.

310. Prosecutor’s reply

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.

311. 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.

312. Repealed by Act No. 33 of 1963, First Sch.

313. Repealed by Act No. 33 of 1963, First Sch.

314. Repealed by Act No. 33 of 1963, First Sch.

315. Repealed by Act No. 33 of 1963, First Sch.

316. Repealed by Act No. 33 of 1963, First Sch.

317. Repealed by Act No. 33 of 1963, First Sch.

318. Repealed by Act No. 33 of 1963, First Sch.

319. Repealed by Act No. 33 of 1963, First Sch.

320. Repealed by Act No. 33 of 1963, First Sch.

321. Repealed by Act No. 33 of 1963, First Sch.

CLOSE OF HEARING
322. Delivery of judgment
(1) When the case on both sides is closed, the judge shall then give
judgment.
[Act No. 7 of 2007, Sch.]

(2) If the accused person is convicted, the judge shall pass sentence on him
according to law.

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PASSING SENTENCE
323. 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.
[Act No. 33 of 1963, First Sch.]

324. Motion in arrest of judgment

(1) The accused person may, at any time before sentence, whether on his
plea of guilty or otherwise, move in arrest of judgment on the ground that the
information does not, after any amendment which the court has made and had
power to make, state an offence which the court has power to try.
(2) The court may either hear and determine the matter during the same
sitting, or adjourn the hearing thereof to a future time to be fixed for that purpose.
(3) If the court decides in favour of the accused, he shall be discharged from
that information.

325. Sentence
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.

326. 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.

327. Power to reserve questions arising in the course of the trial

(1) When a person has, in a trial before the High Court, been convicted of an
offence, the judge may reserve and refer for the decision of a court consisting of
two or more judges of the High Court any question which has arisen in the
course of the trial, and the determination of which would affect the event of the
trial.
(2) If the judge reserves any such question, the person convicted shall,
pending the decision thereon, be remanded to prison or be admitted to bail; and
the High Court may review the case, or such part thereof as may be necessary,
and finally determine the question, and thereupon may alter the sentence passed
by the trial judge and pass such judgment or order as the High Court may think fit.

328. 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.
[Act No. 33 of 1963, First Sch.]

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329. 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.

PART IXA – VICTIM IMPACT STATEMENTS

329A. Interpretation
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—
(a) the victim’s spouse;
(b) the victim’s de facto spouse, being a person who has cohabited with
the victim for at least 2 years;
(c) a parent, guardian or step-parent of the victim;
(d) a child or step-child of the victim or some other child for whom the
victim is the guardian; or
(e) a brother, sister, step-brother or step-sister of the victim;
“personal harm” means actual physical bodily harm, mental illness or
nervous shock;
“primary victim”, in relation to an offence, means—
(a) a person against whom the offence was committed;
(b) a person who was a witness to the act of actual or threatened
violence, the death or the infliction of the physical bodily harm
concerned, being a person who has suffered personal harm as a
direct result of the offence;
“victim” means a primary victim or a family victim;
“victim impact statement” means a statement containing particulars of—
(a) in the case of a primary victim, any personal harm suffered by the
victim as a direct result of the offence; or
(b) in the case of a family victim, the impact of the primary victim’s
death on the members of the primary victim’s immediate family.
[Act No. 5 of 2003, s. 88.]

329B. 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.
[Act No. 5 of 2003, s. 88.]

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329C. When victim impact statements may be received and considered

(1) If it considers it appropriate to do so, a court may receive and consider a
victim impact statement at any time after it convicts, but before it sentences, an
offender.
(2) If the primary victim has died as a direct result of the offence, the court
shall receive a victim impact statement given by a family victim and acknowledge
its receipt, and may make any comment on it that the court considers
appropriate.
(3) Notwithstanding subsections (1) and (2), the court—
(a) shall not consider a victim impact statement unless it has been filed
by or on behalf of the victim to whom it relates or by or on behalf of
the prosecutor; and
(b) shall not consider a victim impact statement given by a family victim
in connection with the determination of the punishment for the
offence unless it considers that it is appropriate to do so.
(4) The court may make a victim impact statement available to the
prosecutor, to the offender or to any other person on such conditions (which shall
include conditions preventing the offender from retaining copies of the statement)
as it considers appropriate.
[Act No. 5 of 2003, s. 88.]

329D. Victim impact statements discretionary

(1) The giving of a victim impact statement is not mandatory.
(2) A victim impact statement shall not be received or considered by a court if
the victim or any of the victims to whom the statement relates objects to the
statement being given to the court.
(3) The absence of a victim impact statement shall not give rise to any
inference that an offence had little or no impact on a victim.
[Act No. 5 of 2003, s. 88.]

329E. Formal requirements for victim impact statements

(1) A victim impact statement shall be in writing and shall comply with such
other requirements as are prescribed by rules of court.
(2) If a primary victim is incapable of providing information for or objecting to
a victim impact statement about the personal harm suffered by the victim, a
member of the primary victim’s immediate family or other representative of the
victim may, subject to rules of court, act on behalf of the victim for that purpose.
(3) A court may receive and consider a victim impact statement only if it is
given in accordance with and complies with the requirements prescribed by or
under this Part.
[Act No. 5 of 2003, s. 88.]

329F. Rules of court

The Chief Justice may make any rules of court necessary or expedient to be
made for carrying this Part into effect.
[Act No. 5 of 2003, s. 88.]

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PART X – SENTENCES AND THEIR EXECUTION

SENTENCE OF DEATH

330. 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.

331. 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.

332. Record and report to be sent to President

(1) As soon as conveniently may be after sentence of death has been

pronounced, if no appeal from the sentence is confirmed, then as soon as
conveniently may be after confirmation, the presiding judge shall forward to the
President a copy of the notes of evidence taken on the trial, with a report in
writing signed by him containing any recommendation or observations on the
case he may think fit to make.

(2) The President, after considering the report, shall communicate to the
judge, or his successor in office, the terms of any decision to which he may come
thereon, and the judge shall cause the tenor and substance thereof to be entered
in the records of the court.

(3) The President shall issue a death warrant, or an order for the sentence of
death to be commuted, or a pardon, under his hand and the Public Seal of Kenya
to give effect to the decision, and—
(a) if the sentence of death is to be carried out, the warrant shall state
the place where and the time when execution is to be had, and shall
give directions as to the place of burial or cremation of the body of
the person executed;
(b) if the sentence is commuted for any other punishment, the order
shall specify that punishment;
(c) if the person sentenced is pardoned, the pardon shall state whether
it is free, or to what conditions (if any) it is subject:
Provided that the President’s warrant may direct that the execution shall
take place at such time and at such place and that the body of the person
executed shall be buried or cremated at such place as shall be appointed by
some officer specified in the warrant.

(4) The warrant, or order, or pardon, of the President shall be sufficient

authority in law to all persons to whom it is directed to execute the sentence of
death or other punishment awarded, and to carry out the directions therein given
in accordance with the terms thereof.
[Act No. 36 of 1962, Sch., L.N. 182/1958, L.N. 124/1964.]

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Other Sentences
333. Warrant in case of sentence of imprisonment
(1) A warrant under the hand of the judge or magistrate by whom a person is
sentenced to imprisonment, ordering that the sentence shall be carried out in any
prison within Kenya, shall be issued by the sentencing judge or magistrate, and
shall be full authority to the officer in charge of the prison and to all other persons
for carrying into effect the sentence described in the warrant, not being a
sentence of death.
(2) Subject to the provisions of section 38 of the Penal Code (Cap 63) every
sentence shall be deemed to commence from, and to include the whole of the
day of, the date on which it was pronounced, except where otherwise provided in
this Code.
Provided that where the person sentenced under subsection (1) has, prior
to such sentence, been held in custody, the sentence shall take account of the
period spent in custody.
[Act No. 7 of 2007, Sch.]

334. Warrant for levy of fine, etc.

(1) When a court orders money to be paid by an accused person or by a
prosecutor or complainant for fine, penalty, compensation, costs, expenses or
otherwise, the money may be levied on the movable and immovable property of
the person ordered to pay it by distress and sale under warrant; but if he shows
sufficient movable property to satisfy the order his immovable property shall not
be sold.
(2) The person may pay or tender to the officer having the execution of the
warrant the sum therein mentioned together with the amount of the expenses of
the distress up to the time of payment or tender, and thereupon the officer shall
cease to execute it.
(3) A warrant under this section may be executed within the local limits of the
jurisdiction of the court issuing it, and it shall authorize the distress and sale of
property belonging to the person without those limits when endorsed by a
magistrate holding a subordinate court of the first or second class within the local
limits of whose jurisdiction the property was found.

335. Objections to attachment

(1) Any person claiming to be entitled to or to have a legal or equitable
interest in the whole or part of property attached in execution of a warrant issued
under section 334 may, at any time prior to the receipt by the court of the
proceeds of sale of that property, give notice in writing to the court of his
objection to the attachment of the property; and the notice shall set out shortly
the nature of the claim which the person (hereafter in this section referred to as
the objector) makes to the whole or part of the property attached, and shall certify
the value of the property claimed by him, and the value shall be deposed to upon
affidavit, which shall be filed with the notice.
(2) Upon receipt of a valid notice given under subsection (1), the court shall,
by an order in writing addressed to the officer having the execution of the
warrant, direct the stay of the execution proceedings.

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(3) Upon the issue of an order under subsection (2), the court shall, by notice
in writing, direct the objector to appear before it and establish his claim upon a
date to be specified in the notice.
(4) A notice shall be served upon the person whose property was, by the
warrant, issued under section 334, directed to be attached, and, unless the
property is to be applied to the payment of a fine, upon the person entitled to the
proceeds of the sale of the property; and the notice shall specify the time and
place fixed for the appearance of the objector and shall direct the person upon
whom the notice is served to appear before the court at the same time and place
if he wishes to be heard upon the hearing of the objection.
(5) Upon the date fixed for the hearing of the objection, the court shall
investigate the claim, and for that purpose may hear any evidence which the
objector may give or adduce and any evidence given or adduced by a person
served with a notice in accordance with the provisions of subsection (4).
(6) If, upon investigation of the claim, the court is satisfied that the property
was not, when attached, in the possession of the person ordered to pay the
money or of some person in trust for him, or in the occupancy of a tenant or other
person paying rent to him, or that, being in the possession of the person ordered
to pay the money at that time, it was so in his possession not on his own account
or as his own property but on account of or in trust for some other person or
partly on his own account and partly on account of some other person, the court
shall make an order releasing the property, wholly or to such extent as it thinks
fit, from attachment.
(7) If, upon the date fixed for his appearance, the objector fails to appear, or
if, upon investigation of the claim in accordance with the provisions of subsection
(5), the court is of the opinion that the objector has failed to establish his claim,
the court shall order the attachment and execution to proceed, and shall make
such order as to costs as it deems fit.
(8) Nothing in this section shall be deemed to deprive a person who has
failed to comply with the requirements of subsection (1) of the right to take any
other proceedings which, apart from the provisions of this section, may lawfully
be taken by a person claiming an interest in property attached under a warrant.

336. Suspension of execution of sentence of imprisonment in default of

fine
(1) When a convicted person has been sentenced to a fine only and to
imprisonment in default of payment of a fine, and whether or not a warrant of
distress has been issued under section 334, the court may suspend the
execution of the sentence of imprisonment and may release the convicted person
upon his executing a bond, with or without sureties, as the court thinks fit,
conditioned for his appearance before the court on a day not being more than
thirty days from the time of executing the bond; and in the event of the fine not
having been realized on or before that day the court may, subject to the other
provisions of this section, direct the sentence of imprisonment to be carried into
execution forthwith.
(2) In any case in which an order for the payment of money has been made,
on non-recovery of which imprisonment may be awarded, and the money is not

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paid forthwith, the court may require the person ordered to make payment to
enter into a bond as prescribed in subsection (1), and in default of his so doing
may at once pass sentence of imprisonment as if the money had not been
recovered.
(3) The court may direct that money to which this section applies may be paid
by installments at such times and in such amounts as the court may deem fit; but
so that in default of payment of any installment the whole of the amount
outstanding shall become and be immediately due and payable, and all the
provisions of this Code and of the Penal Code (Cap 63) applicable to a sentence
of a fine and to imprisonment in default of payment thereof shall apply to it
accordingly.
(4) A warrant of commitment to prison in respect of the non-payment of a
sum of money by a person to whom time has been allowed for payment under
subsection (1), or who has been allowed to pay by installments under subsection
(3), shall not be issued unless the court first makes inquiry as to his means in his
presence.
(5) After making inquiry in accordance with the provisions of subsection (4)
the court may, instead of issuing a warrant of commitment to prison, make an
order extending the time allowed for payment or varying the amount of the
installments or the times at which the installments were, by the previous order of
the court, directed to be paid.
(6) For the purpose of enabling inquiry to be made under subsection (4), the
court may issue a summons to the person ordered to pay the money to appear
before it and, if he does not appear in obedience to the summons, may issue a
warrant for his arrest, or, without issuing a summons, issue in the first instance a
warrant for his arrest.

337. 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.

338. 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.

339. 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.

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340. Part payment after commitment

(1) If a person who is confined in prison for non-payment of a sum adjudged
by a court in its criminal jurisdiction to be paid under this Code or under any other
Act pays a sum in part satisfaction of the sum adjudged to be paid, the term of
his imprisonment shall be reduced by a number of days bearing as nearly as
possible the same proportion to the total number of days for which that person is
committed as the sum so paid bears to the sum for which he is liable.
(2) The officer in charge of a prison in which a person is confined who is
desirous of taking advantage of the provisions of subsection (1) shall, on
application being made to him by the prisoner, at once take him before a court,
and the court shall certify the amount by which the term of imprisonment
originally awarded is reduced by the payment in part satisfaction, and shall make
such order as is required in the circumstances.
341. 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.
342. 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.
343. Repealed by Act No. 5 of 2003, s. 89.
344. Repealed by Act No. 5 of 2003, s. 89.
344A. Repealed by Act No. 5 of 2003, s. 91.
345. Repealed by Act No. 5 of 2003, s. 92.

DEFECTS IN ORDER OR WARRANT

346. 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.

PART XI – APPEALS
APPEALS FROM SUBORDINATE COURTS
Appeals
347. Appeal to High Court
(1) Save as is in this Part provided—
(a) a person convicted on a trial held by a subordinate court of the first
or second class may appeal to the High Court; and

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(b) Repealed by Act No. 5 of 2003, s. 93.

(2) An appeal to the High Court may be on a matter of fact as well as on a
matter of law.
[Act No. 17 of 1967, s. 30, Act No. 5 of 2003, s. 93.]

348. 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.]

348A. Right of appeal against acquittal, order of refusal or order of dismissal

When an accused person has been acquitted on a trial held by a subordinate
court, or where an order refusing to admit a complaint or formal charge, or an
order dismissing a charge, has been made by a subordinate court, the Director of
Public Prosecutions may appeal to the High Court from the acquittal or order on
a matter of law.
[Act No. 13 of 1967, s. 3. Act No. 12 of 2012, Sch.]

349. 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.
[Act No. 57 of 1955, s. 9, Act No. 22 of 1959, s. 34, Act No. 17 of 1967, s. 32, L.N. 22/1984.]

350. Petition of appeal

(1) An appeal shall be made in the form of a petition in writing presented by
the appellant or his advocate, and every petition shall (unless the High Court
otherwise directs) be accompanied by a copy of the judgment or order appealed
against.
(2) A petition of appeal shall be signed, if the appellant is not represented by
an advocate, by the appellant, and, if the appellant is represented by an
advocate, by the advocate, and shall contain particulars of the matters of law or
fact in regard to which the subordinate court appealed from is alleged to have
erred, and shall specify an address at which notices or documents connected
with the appeal may be served on the appellant or, as the case may be, on his
advocate; and the appellant shall not be permitted, at the hearing of the appeal,
to rely on a ground of appeal other than those set out in the petition of appeal:
Provided that—
(i) subject to the provisions of paragraph (ii), where, within five days of
the date of the judgment or order appealed against, the appellant or
his advocate has applied to the subordinate court which passed the
judgment or made the order for a copy of the record of the

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proceedings before that court, and where the appeal is entered

within the period of limitation prescribed by section 349 but before
receipt by the appellant or his advocate of the copy of the record,
the petition of appeal may be amended on notice in writing to the
Registrar of the High Court and to the Director of Public
Prosecutions and without leave of the High Court, within seven days
of the receipt by the appellant or his advocate of the copy of the
record applied for;
(ii) the provisions of paragraph (i) shall not apply where the petition of
appeal is signed by an advocate who represented the appellant in
the proceedings before the subordinate court appealed from;
(iii) where a copy of the record of the proceedings before the
subordinate court appealed from is applied for by the appellant or
his advocate, the date of the receipt thereof by the appellant or his
advocate shall be certified to the High Court by the subordinate
court, and shall for the purposes of this subsection be deemed to
be—
(a) if the copy of the record is delivered otherwise than by post,
the date of delivery; and
(b) if the copy of the record is delivered by post, the date on which
it is shown, on an advice of the delivery of a registered postal
article issued under regulation 37(3) of the East African Postal
Regulations, or any provision of law amending or replacing
that regulation, to have been delivered,
and no such copy of a record shall be delivered by post otherwise
than by registered post;
(iv) save as provided in paragraph (i), a petition of appeal may only be
amended with the leave of the High Court and on such terms and
conditions, whether as to costs or otherwise, as the High Court may
see fit to impose;
(v) notice in writing of an application for leave to amend a petition of
appeal shall be given to the Registrar of the High Court and to the
Attorney-General not less than three clear days, or such shorter
period as the High Court may in any particular case allow, before
the application is made; and an application for leave to amend a
petition of appeal shall be made either at the hearing of the appeal
or, if made previously, by way of motion in open court.
[Act No. 57 of 1955, s. 10, L.N. 124/1964, L.N. 280/1967, Act No. 12 of 2012, Sch.]

351. 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.

352. Summary rejection of appeal

(1) When the High Court has received the petition and copy under section
350, a judge shall peruse them, and, if he considers that there is no sufficient
ground for interfering, may, notwithstanding the provisions of section 359, reject
the appeal summarily:

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Provided that no appeal shall be rejected summarily unless the appellant or

his advocate has had the opportunity of being heard in support of the appeal,
except—
(i) in a case falling within subsection (2) of this section;
(ii) repealed by Act No. 5 of 2003. s. 94.
(2) Where an appeal is brought on the ground that the conviction is against
the weight of the evidence, or that the sentence is excessive, and it appears to a
judge that the evidence is sufficient to support the conviction and that there is no
material in the circumstances of the case which could raise a reasonable doubt
whether the conviction was right or lead him to the opinion that the sentence
ought to be reduced, the appeal may, without being set down for hearing, be
summarily rejected by an order of the judge certifying that he has perused the
record and is satisfied that the appeal has been lodged without any sufficient
ground for complaint.
(3) Whenever an appeal is summarily rejected notice of rejection shall
forthwith be given to the Director of Public Prosecutions and to the appellant or
his advocate.
[Act No. 17 of 1967, s. 33, Act No. 5 of 2003, s. 94, Act No. 12 of 2012, Sch.]

352A. 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.
[Act No. 17 of 1967, s. 34, Act No. 12 of 2012, Sch.]

353. 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.
[Act No. 13 of 1967, First Sch.]

354. Powers of High Court

(1) At the hearing of the appeal the appellant or his advocate may address
the court in support of the particulars set out in the petition of appeal and the
respondent or his advocate may then address the court.
(2) The court may invite the appellant or his advocate to reply upon any
matters of law or fact raised by the respondent or his advocate in his address.
(3) The court may then, if it considers that there is no sufficient ground for
interfering, dismiss the appeal or may—
(a) in an appeal from a conviction—
(i) reverse the finding and sentence, and acquit or discharge the
accused, or order him to be tried by a court of competent
jurisdiction; or

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(ii) alter the finding, maintaining the sentence, or, with or without
altering the finding, reduce or increase the sentence; or
(iii) with or without a reduction or increase and with or without
altering the finding, alter the nature of the sentence;
(b) in an appeal against sentence, increase or reduce the sentence or
alter the nature of the sentence;
(bb) in an appeal from an acquittal, an appeal from an order
refusing to admit a complaint or formal charge or an appeal
from an order dismissing a charge, hear and determine the
matter of law and thereupon reverse, affirm or vary the
determination of the subordinate court, or remit the matter with
the opinion of the High court thereon to the subordinate court
for determination, whether by way of rehearing or otherwise,
with such directions as the High Court may think necessary,
and make such other order in relation to the matter, including
an order as to costs, as High Court may think fit;
(c) in an appeal from an acquittal, an appeal from an order refusing to
admit a complaint or formal charge or an appeal from an order
dismissing a charge, hear and determine the matter of law and
thereupon reverse, affirm or vary the determination of the
subordinate court, or remit the matter with the opinion of the High
Court thereon to the subordinate court for determination, whether by
way of re-hearing or otherwise, with such directions as the High
Court may think necessary, and make such other order in relation to
the matter, including an order as to costs, as the High Court may
think fit;
(d) in an appeal from any other order, alter or reverse the order,
and in any case may make any amendment or any consequential or incidental
order that may appear just and proper.
(4) Subject to subsection (5), an appellant, notwithstanding that he is in
custody, shall be entitled to be present, if he desires it, at the hearing of the
appeal:
Provided that where the appeal is on some ground involving a question of
law alone, he shall not be entitled to be present except with the leave of the High
Court.
(5) The right of an appellant who is in custody to be present at the hearing of
the appeal shall be subject to his paying all expenses incidental to his transfer to
and from the place where the court sits for the determination of the appeal:
Provided that the court may direct that the appellant be brought before the
court in a case where in the opinion of the court his presence is advisable for the
due determination of the appeal, in which case the expenses shall be defrayed
out of moneys provided by Parliament.
(6) Nothing in subsection (1) shall empower the High Court to impose a greater
sentence than might have been imposed by the court which tried the case.
(7) Repealed by Act No. of 1969, Sch.
[Act No. 22 of 1959, s. 35, Act No. 13 of 1967, First Sch., Act No. 10 of 1969, First Sch.,
Act No. 5 of 2003, s. 95.]

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355. Order of the High Court to be certified to lower court

(1) When a case is decided on appeal by the High Court, it shall certify its
judgment or order to the court by which the conviction, sentence or order
appealed against was recorded or passed.

(2) The court to which the High Court certifies its judgment or order shall
thereupon make such orders as are conformable to the judgment or order of the
High Court, and, if necessary, the records shall be amended in accordance
therewith.

356. Bail and stay of execution pending the entering of an appeal

(1) The High Court, or the subordinate court which has convicted or
sentenced a person, may grant bail or may stay execution on a sentence or order
pending the entering of an appeal, on such terms as to security for the payment
of money or the performance or non-performance of any act or the suffering of
any punishment ordered by or in the sentence or order as may seem reasonable
to the High Court or the subordinate court.

(2) If the person in whose favour bail or a stay of execution is granted under
this section is ultimately liable to a sentence of imprisonment, the time during
which the person has been released on bail, or during which the execution was
stayed, shall be excluded in computing the term of his sentence, unless the High
Court, or failing that court the subordinate court which convicted and sentenced
the person, otherwise orders.
[Act No. 22 of 1959, s. 36.]

357. Admission to bail or suspension of sentence pending appeal

(1) After the entering of an appeal by a person entitled to appeal, the High
Court, or the subordinate court which convicted or sentenced that person, may
order that he be released on bail with or without sureties, or, if that person is not
released on bail, shall at his request order that the execution of the sentence or
order appealed against shall be suspended pending the hearing of his appeal:
Provided that, where an application for bail is made to the subordinate
court and is refused by that court, no further application for bail shall lie to the
High Court, but a person so refused bail by a subordinate court may appeal
against refusal to the High Court and, notwithstanding anything to the contrary in
sections 352 and 359, the appeal shall not be summarily rejected and shall be
heard, in accordance with such procedure as may be prescribed, before one
judge of the High Court sitting in chambers.

(2) If the appeal is ultimately dismissed and the original sentence confirmed,
or some other sentence of imprisonment substituted therefor, the time during
which the appellant has been released on bail or during which the sentence has
been suspended shall be excluded in computing the term of imprisonment to
which he is finally sentenced.

(3) The Chief Justice may make rules of court to regulate the procedure in
cases under this section.
[Act No. 22 of 1959, s. 37, Act No. 27 of 1961, Sch.]

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358. Power to take further evidence

(1) In dealing with an appeal from a subordinate court, the High Court, if it
thinks additional evidence is necessary, shall record its reasons, and may either
take such evidence itself or direct it to be taken by a subordinate court.
(2) When the additional evidence is taken by a subordinate court, that court
shall certify the evidence to the High Court, which shall thereupon proceed to
dispose of the appeal.
(3) Unless the High Court otherwise directs, the accused or his advocate
shall be present when the additional evidence is taken.
(4) Evidence taken in pursuance of this section shall be taken as if it were
evidence taken at a trial before a subordinate court.

359. Number of judges on an appeal

(1) Appeals from subordinate courts shall be heard by two judges of the High
Court, except when in any particular case the Chief Justice, or a judge to whom
the Chief Justice has given authority in writing, directs that the appeal be heard
by one judge of the High Court.
(2) If on the hearing of an appeal the court is equally divided in opinion the
appeal shall be reheard before three judges.
[Act No. 16 of 1977, Sch.]

360. 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.

361. Second appeals

(1) A party to an appeal from a subordinate court may, subject to
subsection (8), appeal against a decision of the High Court in its appellate
jurisdiction on a matter of law, and the Court of Appeal shall not hear an appeal
under this section—
(a) on a matter of fact, and severity of sentence is a matter of fact; or
(b) against sentence, except where a sentence has been enhanced by
the High Court, unless the subordinate court had no power under
section 7 to pass that sentence.
(2) On any such appeal, the Court of Appeal may, if it thinks that the
judgment of the subordinate court or of the first appellate court should be set
aside or varied on the ground of a wrong decision on a question of law, make any
order which the subordinate court or the first appellate court could have made, or
may remit the case, together with its judgment or order thereon, to the first
appellate court or to the subordinate court for determination, whether or not by
way of rehearing, with such directions as the Court of Appeal may think
necessary.
(3) If it appears to the Court of Appeal that a party to an appeal, though not
properly convicted on some count, has been properly convicted on some other
count, the court may, in respect of the count on which it considers that the

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appellant has been properly convicted, either affirm the sentence passed by the
subordinate court or by the first appellate court or pass such other sentence
(whether more or less severe) in substitution therefor as it thinks proper.
(4) Where a party to an appeal has been convicted of an offence and the
subordinate court or the first appellate court could lawfully have found him guilty
of some other offence, and on the finding of the subordinate court or of the first
appellate court it appears to the Court of Appeal that the court must have been
satisfied of facts which proved him guilty of that other offence, the Court of
Appeal may, instead of allowing or dismissing the appeal, substitute for the
conviction entered by the subordinate court or by the first appellate court a
conviction of guilty of that other offence, and pass such sentence in substitution
for the sentence passed by the subordinate court or by the first appellate court as
may be warranted in law for that other offence.
(5) On any appeal brought under this section, the Court of Appeal may,
notwithstanding that it may be of the opinion that the point raised in the appeal
might be decided in favour of the appellant, dismiss the appeal if it considers that
no substantial miscarriage of justice has in fact occurred.
(6) Where an appeal under this section is pending, a judge of the High Court
may grant bail to a convicted person who is a party to the appeal.
(7) For the purposes of this section, an order made by the High Court in the
exercise of its revisionary jurisdiction or a decision of the High Court on a case
stated shall be deemed to be a decision of the High Court in its appellate
jurisdiction.
(8) This section shall not apply to—
(a) a decision of the High Court in its appellate Jurisdiction exercised
under section 347(1)(b); or
(b) a refusal by the High Court to admit an appeal out of time under
section 349,
and any such decision or refusal shall be final.
[Act No. 22 of 1959, s. 38, Act No. 13 of 1978, Sch., Act No. 13 of l982, s. 11.]

Revision

362. 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.

363. Subordinate court may call for records of inferior court

(1) A subordinate court of the first class may call for and examine the record
of any criminal proceedings of a subordinate court of a lower class than it and
established within its local limits of jurisdiction, for the purpose of satisfying itself
as to the legality, correctness or propriety of any finding, sentence or order
recorded or passed, and as to the regularity of the proceedings.

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(2) If a subordinate court acting under subsection (1) considers that a finding,
sentence or order of the court of lower class is illegal or improper, or that the
proceedings were irregular, it shall forward the record with its remarks thereon to
the High Court.
[Act No. 17 of 1967, s. 35.]

364. Powers of High Court on revision

(1) In the case of a proceeding in a subordinate court the record of which has
been called for or which has been reported for orders, or which otherwise comes
to its knowledge, the High Court may—
(a) in the case of a conviction, exercise any of the powers conferred on
it as a court of appeal by sections 354, 357 and 358, and may
enhance the sentence;
(b) in the case of any other order other than an order of acquittal, alter
or reverse the order.
(2) No order under this section shall be made to the prejudice of an accused
person unless he has had an opportunity of being heard either personally or by
an advocate in his own defence:
Provided that this subsection shall not apply to an order made where a
subordinate court has failed to pass a sentence which it was required to pass
under the written law creating the offence concerned.
(3) Where the sentence dealt with under this section has been passed by a
subordinate court, the High Court shall not inflict a greater punishment for the
offence which in the opinion of the High Court the accused has committed than
might have been inflicted by the court which imposed the sentence.
(4) Nothing in this section shall be deemed to authorize the High Court to
convert a finding of acquittal into one of conviction.
(5) When an appeal lies from a finding, sentence or order, and no appeal is
brought, no proceeding by way of revision shall be entertained at the insistence
of the party who could have appealed.
[Act No. 10 of 1970, Sch.]

365. 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).

366. 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.

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367. 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.

368. Repealed by Act No. 13 of 1967, s. 5.

369. Repealed by Act No. 13 of 1967, s. 5.

370. Repealed by Act No. 13 of 1967, s. 5.

371. Repealed by Act No. 13 of 1967, s. 5.

372. Repealed by Act No. 13 of 1967, s. 5.

373. Repealed by Act No. 13 of 1967, s. 5.

374. Repealed by Act No. 13 of 1967, s. 5.

375. Repealed by Act No. 13 of 1967, s. 5.

376. Repealed by Act No. 13 of 1967, s. 5.

377. Repealed by Act No. 13 of 1967, s. 5.

378. Repealed by Act No. 13 of 1967, s. 5.

APPEALS FROM THE HIGH COURT

379. Appeals from High Court to Court of Appeal
(1) A person convicted on a trial held by the High Court and sentenced to
death, or to imprisonment for a term exceeding twelve months, or to a fine
exceeding two thousand shillings, may appeal to the Court of Appeal—
(a) against the conviction, on grounds of law or of fact, or of mixed law
and fact;
(b) with the leave of the Court of Appeal, against the sentence, unless
the sentence is one fixed by law.
(2) A person convicted on a trial held by the High Court and sentenced to—
(a) a term of imprisonment of twelve months or less; or
(b) a fine exceeding two hundred shillings but not exceeding two
thousand shillings; or
(c) a fine of two hundred shillings or less, where the Court of Appeal or
the trial judge is of the opinion that the case involves a question of
law of great general or public importance,
may, with the leave of the Court of Appeal, or upon a certificate of the trial judge
that it is a fit case for appeal, appeal against his conviction on any ground which
appears to the Court of Appeal, or to the judge, to be a sufficient ground of
appeal.

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(3) No appeal shall be allowed in the case of an accused person who has
pleaded guilty and has been convicted on that plea by the High Court, except as
to the extent or legality of his sentence.
(4) Save in a case where the appellant has been sentenced to death, a judge
of the High Court, or of the Court of Appeal, may, where an appeal to the Court
of Appeal has been lodged under this section, grant bail pending the hearing and
determination of the appeal.
(5) Where a person has been acquitted in a trial before the High Court in the
exercise of its original jurisdiction and the Director of Public Prosecutions has,
within one month from the date of acquittal or within such further period as the
Court of Appeal may permit, signed and filed with the Registrar of that court a
certificate that the determination of the trial involved a point of law of exceptional
public importance and that it is desirable in the public interest that the point
should be determined by the Court of Appeal, the Court of Appeal shall review
the case or such part of it as may be necessary, and shall deliver a declaratory
judgment thereon.
(5A) Where the Director of Public Prosecutions certifies that a sentence
passed by the Court of Appeal in the exercise of its original jurisdiction should be
reviewed by the Court of Appeal, the Court of Appeal may, after giving the
accused person or his advocate an opportunity of being heard, make such order
by way of enhancement of sentence or maintaining the sentence passed as is
consistent with the ends of justice.
(6) A declaratory judgment under subsection (5) shall not operate to reverse
an acquittal, but shall thereafter be binding upon all courts subordinate to the
Court of Appeal in the same manner as an ordinary judgment of that court.
[Act No. 22 of 1959, s. 39, Act No. 7 of 1990, Sch., L.N. 274 of 1990, Act No. 12 of 2012, Sch.]

PART XII – SUPPLEMENTARY PROVISIONS

IRREGULAR PROCEEDINGS
380. 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.
[L.N. 124/1964.]

381. Repealed by Act No. 33 of 1963, First Sch.

382. 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:

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[Rev. 2012] CAP. 75
Criminal Procedure Code

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.
[Act No. 33 of 1963, First Sch.]

383. 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.

384. Statements irregularly taken under section 246

(1) If a court before whom a statement of a person recorded or purporting to
be recorded under section 246 of this Code is tendered or has been received in
evidence finds that any provision of that section has not been complied with by
the magistrate recording the statement—
(a) it may take evidence that the person duly made the statement
recorded; and
(b) notwithstanding anything contained in section 97 of the Evidence
Act (Cap 80), the statement shall be admitted, if the error has not
injured the accused as to his defence on the merits.
[Act No. 5 of 2003, s. 96,]

INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONS

BELIEVED TO BE DEAD
[Act No. 11 of 1993.]

385. Magistrates empowered to hold inquests

A magistrate empowered to hold a subordinate court of the first, or second
class, and a magistrate specially empowered in that behalf by the Chief Justice,
shall be empowered to hold inquests.
[L.N. 299/1956, L.N. 172/1960, L.N. 474/1963, Act No. 5 of 2003, s. 97.]

386. Police to inquire and report on suicide, etc.

(1) The officer in charge of a police station, or any other officer specially
empowered by the Minister in that behalf, on receiving information that a person—
(a) has committed suicide; or
(b) has been killed by another or by an accident;
(c) has died under circumstances raising a reasonable suspicion that
some other person has committed an offence;
(d) is missing and believed to be dead;
shall immediately give information thereof to the nearest magistrate empowered
to hold inquests, and, unless otherwise directed by any rule made by the
Minister, shall proceed to the place where the body of the deceased person is,
and shall there make an investigation and draw up a report on the apparent
cause of death, describing such wounds, fractures, bruises and other marks of
injury as may be found on the body, and stating in what manner, or by what
weapon or instrument (if any), the marks appear to have been inflicted; and the

105 [Issue 1]
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report shall in the case of paragraph (a), (b) or (c); be forwarded forthwith to the
nearest magistrate empowered to hold inquests; and in the case of paragraph (d)
shall immediately send to the Director of Public Prosecutions through the
Commissioner of Police as full a report as possible together with details of all
supporting evidence relating to the circumstances surrounding the
disappearance and the grounds upon which the death of that person is presumed
to have taken place.
(2) When, except in the case of a missing person believed to be dead there is
any doubt regarding the cause of death, or when for any other reason the police
officer considers it expedient to do so, he shall, subject to any rule made by the
Minister, forward the body, with a view to its being examined, to the nearest
medical officer or other person appointed by the Minister in that behalf, if the
state of the weather and the distance admit of its being so forwarded without risk
of such putrefaction on the road as would render the examination useless.
(3) When the body of a person is found or a person has committed suicide or
has been killed by another or by an accident or has died under circumstances
raising a reasonable suspicion that some other person has committed an
offence, a person finding the body or becoming aware of the death shall
immediately give information thereof to the nearest administrative officer or police
officer.
[L.N.299/1956, L.N.172/1960, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.]

387. Inquiry by magistrate into cause of death

(1) When a person dies while in the custody of the police, or of a prison
officer, or in a prison, the nearest magistrate empowered to hold inquests shall,
and in any other case mentioned in section 386(1) a magistrate so empowered
may, but shall in the case of a missing person believed to be dead, hold an
inquiry into the cause of death, either instead of or in addition to the investigation
held by the police or prison officer, and if he does so he shall have all the powers
in conducting it which he would have in holding an inquiry into an offence.
(2) Whenever the magistrate considers it expedient to make an examination
of the dead body of a person who has been already interred, in order to discover
the cause of his death, the magistrate may cause the body to be disinterred and
examined.
(3) If before or at the termination of the inquiry the magistrate is of the opinion
that the commission by some known person or persons of an offence has been
disclosed, he shall issue a summons or warrant for his or their arrest, or take
such other steps as may be necessary to secure his or their attendance to
answer the charge; and on the attendance of the person or persons the
magistrate shall commence the inquiry de novo and shall proceed as if he had
taken cognizance of an offence.
(4) If at the termination of the inquiry the magistrate is of the opinion that an
offence has been committed by some person or persons unknown, he shall
record his opinion and shall forthwith send a copy thereof to the Director of Public
Prosecutions.
(5) If at the termination of the inquiry the magistrate is of the opinion that no
offence has been committed, he shall record his opinion accordingly.

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[Rev. 2012] CAP. 75
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(6) In the case of an inquiry relating to a missing person believed to be dead

the magistrate shall at the termination of the inquiry report the case together with
his findings to the Director of Public Prosecutions and shall make
recommendations as to whether or not the period regarding the presumption of
death provided for by section 118A of the Evidence Act (Cap 80) should be
reduced and if so what lesser period should, in the circumstances of the death,
be substituted for the period of seven years.
[L.N. 474/1963, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.]

388. Powers of Director of Public Prosecutions as to inquiries into cause

of death
(1) The Director of Public Prosecutions may at any time direct a magistrate to
hold an inquiry, in accordance with section 387, into the cause of a particular
death to which the provisions of that section apply and shall in the case of
missing person believed to be dead give such directions as he deems fit.
(2) When an inquiry has been terminated under section 387, and it appears
to the Director of Public Prosecutions that further investigation is necessary, the
Director of Public Prosecutions may direct the magistrate to reopen the inquiry
and to make further investigation, and thereupon the magistrate shall have full
power to reopen the inquiry and make further investigation and thereafter to
proceed in the same manner as if the proceedings at the inquiry had not been
terminated:
Provided that the provisions of this subsection shall not apply to an inquiry
at which a magistrate has recorded his opinion that the offence of murder or
manslaughter has been committed by a person.
(3) When giving any direction under this section, the Director of Public
Prosecutions may also direct whether the body is to be disinterred and
examined.
(4) Upon receiving a report under section 387(6) the Director of Public
Prosecutions shall after considering the recommendations of the magistrate
direct him to make an order as to the period which should be recorded before the
death is presumed and upon the expiration of such period the Registrar-General
shall be empowered on the production to him by the proper officer entitled to
apply for and receive a grant of representation under the Law of Succession Act
(Cap 160), of a court certified copy of the magistrate’s order, to issue to that
person an appropriate certificate of death in accordance with the Births and
Deaths Registration Act (Cap 149).
[Act No. 22 of 1959, s. 40, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.]

DIRECTIONS IN THE NATURE OF HABEAS CORPUS

389. Power to issue directions of the nature of habeas corpus

(1) The High Court may whenever it thinks fit direct—
(a) that any person within the limits of Kenya be brought up before the
court to be dealt with according to law;
(b) that any person illegally or improperly detained in public or private
custody within those limits be set at liberty;

107 [Issue 1]
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(c) that any prisoner detained in a prison situated within those limits be
brought before the court to be there examined as a witness in any
matter pending or to be inquired into in that court;
(d) that any prisoner so detained be brought before a court martial or
commissioners acting under the authority of a commission from the
President for trial to be examined touching any matter pending
before the court martial or commissioners respectively;
(e) that any prisoner within those limits be removed from one custody to
another for the purpose of trial; and
(f) that the body of a defendant within those limits be brought in on a
return of cepi corpus to a writ of attachment.
(2) The Chief Justice may make rules of court to regulate the procedure in
cases under this section.
[Act No. 27 of 1961, Sch., L.N. 124/1964.]

389A. Procedure on forfeiture of goods

(1) Where, by or under any written law (other than section 29 of the Penal
Code), any goods or things may be (but are not obliged to be) forfeited by a
court, and that law does not provide the procedure by which forfeiture is to be
effected, then, if it appears to the court that the goods or things should be
forfeited, it shall cause to be served on the person believed to be their owner
notice that it will, at a specified time and place, order the goods or things to be
forfeited unless good cause to the contrary is shown; and, at that time and place
or on any adjournment, the court may order the goods or things to be forfeited
unless cause is shown by the owner or some person interested in the goods or
things:
Provided that, where the owner of the goods or things is not known or
cannot be found, the notice shall be advertised in a suitable newspaper and in
such other manner (if any) as the court thinks fit.
(2) If the court finds that the goods or things belong to some person who was
innocent of the offence in connexion with which they may or are to be forfeited
and who neither knew nor had reason to believe that the goods or things were
being or were to be used in connexion with that offence and exercised all
reasonable diligence to prevent their being so used, it shall not order their
forfeiture; and where it finds that such a person was partly interested in the
goods and things it may order that they be forfeited and sold and that such
person shall be paid a fair proportion of the proceeds of sale.
[Act No. 13 of 1967, s. 4.]

MISCELLANEOUS

390. 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.
[Act No. 10 of 1983, Sch.]

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[Rev. 2012] CAP. 75
Criminal Procedure Code

391. 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.]

392. 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.

393. Forms
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.

394. 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.
[Act No. 33 of 1963, First Sch., L.N. 300/1956, L.N. 173/1960, Act No. 7 of 2007, Sch.]

109 [Issue 1]
 FIRST SCHEDULE
[As amended by Act No. 57 of 1948, s. 3, Act No. 87 of 1948, Second Sch., Act No. 9 of 1951, s. 3; Act No. 39 of 1951, s. 5; Act No. 57 of 1955, s. 11; Act No. 33

[Issue 1]
of 1958, s. 4; Act No. 22 of 1959, s. 42; Act No. 54 of 1960, s. 33(2); Act No. 11 of 1961, s.12(3); Act No. 25 of 1961, s. 47; Act No. 28 of 1961, Sch.; Act No. 48 of
CAP. 75

1962, s. 13(2); Act No. 19 of 1964, Sch.; Act No. 13 of 1967, Second Sch.; Act No. 17 of 1967, s. 36; Act No. 3 of 1969, Second Sch.; Act No. 10 of 1969, Sch.;
Act No. 25 of 1971, Sch.; Act No. 6 of 1976, Sch.; Act No. 13 of 1980, Sch.; Act No. 13 of 1982, s.12; Act No. 11 of 1983, Sch.; Act No. 12 of 1984, Sch.; Act No.
18 of 1986, Sch.; Act No. 14 of 1991, Sch.; Act No. 5 of 2003, s. 98.]

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.

1 2 3 4 5
Section Offence Whether the police may Punishment under the Penal Code Court (in addition to the
arrest without warrant (N.B. -Under section 26(2) of the High Court) by which

110
or not Penal Code a person liable to offence is triable
imprisonment may be sentenced to
pay a fine in addition to or instead of
imprisonment. Vide also section 36
Criminal Procedure Code

of the Penal Code.)

CHAPTER V – PARTIES TO OFFENCES
20 Aiding, abetting, May arrest without Same punishment as for the offence Any court by which the
counselling or procuring warrant if arrest for the aided, abetted, counselled or offence aided, abetted,
the commission of an offence aided, abetted, procured counselled or procured
offence counselled or procured would be triable
may be made without
warrant but not
otherwise
[Rev. 2012]
 FIRST SCHEDULE—continued
CHAPTER VI – PUNISHMENTS
39(2) Failing to produce a Shall not arrest without Fine of six hundred shillings or Any subordinate court.
[Rev. 2012]

certificate of competency warrant imprisonment for six months

for endorsement
39(5)(a) Applying for or Shall not arrest without Fine of two thousand shillings or Any subordinate court
obtaining a certificate of warrant imprisonment for six months or both
competency without
disclosing particulars of
endorsement
DIVISION I
OFFENCES AGAINST PUBLIC ORDER
CHAPTER VII – TREASON AND OTHER OFFENCES AGAINST THE AUTHORITY OF THE REPUBLIC

111
40 Treason May arrest without Death
warrant ____
42 Misprision of treason May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
Criminal Procedure Code

by a chief magistrate,
senior principal
magistrate, or a senior
resident magistrate
43 Treasonable felony May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
by a chief magistrate,
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
43A Treachery May arrest without Imprisonment for life Subordinate court of the
CAP. 75

warrant first class presided over

by a chief magistrate,
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
44 Promoting warlike May arrest without Imprisonment for life Subordinate court of the
undertakings warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate

112
46 Dissuasion from May arrest without Fine of five thousand shillings and/or Any subordinate court
enlistment warrant imprisonment for six months
47 Inciting to mutiny May arrest without Imprisonment for life Subordinate court of the
Criminal Procedure Code

warrant first class presided over

by a chief magistrate,
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
48 Aiding, etc., to mutiny, Shall not arrest without Imprisonment for two years Any subordinate court
etc. warrant
49 Inducing desertion Shall not arrest without Imprisonment for six months Any subordinate court
warrant
[Rev. 2012]
 FIRST SCHEDULE—continued
50(a) Aiding prisoner of war May arrest without Imprisonment for life Subordinate court of the
to escape warrant first class presided over
by a chief magistrate, a
[Rev. 2012]

senior resident
magistrate, a principal
magistrate, or a senior
resident magistrate
(b) Permitting prisoner of Shall not arrest without Imprisonment for two years Any subordinate court
war to escape warrant
53 Printing, etc., prohibited May arrest without Imprisonment for three years Any subordinate court
publications warrant
57(1) Sedition May arrest without Imprisonment for ten years Any subordinate court
warrant
(2) Possessing seditious May arrest without Imprisonment for seven years Any subordinate court

113
publication warrant
(10) Using or attempting to May arrest without Imprisonment for seven years Any subordinate court
use printing machine warrant
which has been
Criminal Procedure Code

confiscated
(11) Printing or publishing May arrest without Imprisonment for seven years Any subordinate court
newspaper in warrant
contravention of order
59 Presence at and May arrest without Imprisonment for life Subordinate court of the
consent to warrant first class presided over
administration of, or by a chief magistrate, a
taking, oath to commit senior principal
capital offence magistrate, a principal
magistrate, or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
60 Administration of May arrest without Death Subordinate court of the
CAP. 75

unlawful oaths to warrant first class presided over

commit capital offence by a chief magistrate, a
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
61 Administering or taking May arrest without Imprisonment for ten years Subordinate court of the
unlawful oaths to warrant first class
commit other offences
62(1) Compelling another May arrest without Imprisonment for ten years Subordinate court of the
person to take an oath warrant first class
(2) Being present at and May arrest without Imprisonment for ten years Any subordinate court

114
consenting to the warrant
administering of an oath
65(1) Unlawful drilling May arrest without Imprisonment for seven years Subordinate court of the
Criminal Procedure Code

warrant first class

(2) Being unlawfully drilled May arrest without Imprisonment for two years Any subordinate court
warrant
66 Publishing false reports Shall not arrest without Imprisonment for two years Any subordinate court
warrant
CHAPTER VIII – OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY
67 Defamation of foreign Shall not arrest without Imprisonment for two years Any subordinate court
princes warrant
[Rev. 2012]
 FIRST SCHEDULE—continued
68 Foreign enlistment Shall not arrest without Imprisonment for two years Any subordinate court
warrant
[Rev. 2012]

69 Piracy May without warrant Imprisonment for life Subordinate court of the
first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
CHAPTER IX – UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY
71 Managing unlawful May arrest without Imprisonment for fourteen years Subordinate court of the
society warrant first class

115
72 Being member of May arrest without Imprisonment for seven years Any subordinate court
unlawful society warrant
77 Subversive activities May arrest without Imprisonment for three years Subordinate court of the
Criminal Procedure Code

warrant first class

79 Unlawful assembly May arrest without Imprisonment for one year Any subordinate court
warrant
80 Riot May arrest without Imprisonment for two years Any subordinate court
warrant
83 Rioting after May arrest without Imprisonment for life Subordinate court of the
proclamation warrant first class
84 Obstructing May arrest without Imprisonment for life Subordinate court of the
proclamation warrant first class
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
85 Rioters destroying May arrest without Imprisonment for life Subordinate court of the
CAP. 75

buildings warrant first class presided over

by a chief magistrate, a
senior principal
magistrate, a principal
magistrate, or a senior
resident magistrate
86 Rioters injuring May arrest without Imprisonment for seven years Subordinate court of the
buildings warrant first class
87 Riotously interfering May arrest without Imprisonment for two years Any subordinate court
with railway, vehicle or warrant
vessel

116
88 Going armed in public May arrest without Imprisonment for two years Any subordinate court
warrant
89 Possession of firearms, May arrest without Imprisonment for five years Subordinate court of the
etc., to prejudice of warrant first class
Criminal Procedure Code

public order
90 Forcible entry May arrest without Imprisonment for two years Any subordinate court
warrant
91 Forcible detainer May arrest without Imprisonment for two years Any subordinate court
warrant
92 Committing affray May arrest without Imprisonment for one year Any subordinate court
warrant
93 Challenging to duel Shall not arrest without Imprisonment for two years Any subordinate court
warrant
[Rev. 2012]
 FIRST SCHEDULE—continued
94 Offensive conduct May arrest without Fine of five thousand shillings and/or Any subordinate court
conducive to breaches warrant imprisonment for six months
of the peace
[Rev. 2012]

95 Threatening breach of May arrest without Imprisonment for six months Any subordinate court
the peace warrant
Threatening violence May arrest without Imprisonment for three years Any subordinate court
warrant
If the offence committed May arrest without Imprisonment for four years Any subordinate court
in the night warrant
96 Incitement to violence May arrest without Imprisonment for three years Subordinate court of the
and disobedience of the warrant first class
law
97 Assembling for May arrest without Fine of six thousand shillings or Any subordinate court

117
smuggling warrant imprisonment for six months
98 Wrongfully inducing a May arrest without Imprisonment for six months Any subordinate court
boycott warrant
DIVISION II
Criminal Procedure Code

OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

CHAPTER X – ABUSE OF OFFICE
99 Officer discharging Shall not arrest without Imprisonment for one year Any subordinate court
duties in respect of warrant
property in which he
has a special interest
100 False claims by person Shall not arrest without Imprisonment for two years Any subordinate court
in public service warrant
101 Abuse of office Shall not arrest without Imprisonment for two years Any subordinate court
warrant
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
Abuse of office (if for Shall not arrest without Imprisonment for three years Any subordinate court
CAP. 75

purposes of gain) warrant

102 False certificate by Shall not arrest without Imprisonment for two years Any subordinate court
public officers warrant
103 Unauthorized Shall not arrest without Imprisonment for one year Any subordinate court
administration of oaths warrant
104 False assumption of Shall not arrest without Imprisonment for two years Any subordinate court
authority warrant
105 Personating person in May arrest without Imprisonment for three years Any subordinate court
public service warrant
106 Threat of injury to Shall not arrest without Imprisonment for two years Any subordinate court

118
person in public service warrant
107 Tampering with public May arrest without Imprisonment for three years Any subordinate court
officers warrant
Criminal Procedure Code

CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

108 Perjury or subordination Shall not arrest without Imprisonment for seven years Subordinate court of the
of perjury warrant first class
109 False statements by May arrest without The same punishment as for perjury Subordinate court of the
interpreters warrant first class
112 Contradictory Shall not arrest without Imprisonment for two years Any subordinate court
statements warrant
113 Fabricating evidence Shall not arrest without Imprisonment for seven years Subordinate court of the
warrant first class
[Rev. 2012]
 FIRST SCHEDULE—continued
114 False swearing Shall not arrest without Imprisonment for two years Any subordinate court
warrant
[Rev. 2012]

115 Deceiving witnesses Shall not arrest without Imprisonment for two years Any subordinate court
warrant
116 Destroying evidence Shall not arrest without Imprisonment for two years Any subordinate court
warrant
117 Conspiracy to defeat Shall not arrest without Imprisonment for five years Any subordinate court
justice and interference warrant
with witnesses
118 Compounding felonies Shall not arrest without Imprisonment for two years Any subordinate court
warrant

119
119 Compounding penal Shall not arrest without Imprisonment for two years Any subordinate court
actions warrant
120 Advertising for stolen Shall not arrest without Imprisonment for two years Any subordinate court
property warrant
Criminal Procedure Code

121(1) Offences relating to May arrest without Imprisonment for three years Any subordinate court
judicial proceedings warrant
(2) If offence committed in — Fine of one thousand four hundred Any subordinate court
view of court shillings
CHAPTER XII - RESCUES, ESCAPES, AND OBSTRUCTING OFFICERS OF COURT
122(1)
Rescue-
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued
(a) if person rescued is May arrest without Imprisonment for life Subordinate court of the

[Issue 1]
CAP. 75

under sentence of warrant first class presided over

death or imprisonment by a chief magistrate,
for life or charged with senior principal
offences punishable magistrate, a principal
with death or magistrate, or a senior
imprisonment for life resident magistrate
(b) if person rescued is May arrest without Imprisonment for seven years Any subordinate court
imprisoned on a charge warrant
or under sentence for
any other offence
(c) in any other case May arrest without Imprisonment for two years Any subordinate court
warrant

120
123 Escape May arrest without Imprisonment for two years Any subordinate court
warrant
124 Aiding escape May arrest without Imprisonment for seven years Any subordinate court
warrant
Criminal Procedure Code

125 Removal, etc., of May arrest without Imprisonment for three years Any subordinate court
property under lawful warrant
seizure
126 Obstructing court officers May arrest without Imprisonment for one year Any subordinate court
warrant
CHAPTER XIII – MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY
127 Fraud or breach of trust Shall not arrest without Imprisonment for two years Subordinate court of the
by person in public warrant first class
service
[Rev. 2012]
 FIRST SCHEDULE—continued
128 Neglect of official duty Shall not arrest without Imprisonment for two years Subordinate court of the
warrant first class
[Rev. 2012]

129 False information to May arrest without Imprisonment for three years Any subordinate court
person in public service warrant
130 Disobedience of Shall not arrest without Imprisonment for two years Any subordinate court
statutory duty warrant
131 Disobedience of lawful Shall not arrest without Imprisonment for two years Any subordinate court
order warrant
132 Undermining authority May arrest without Imprisonment for three years Subordinate court of the
of public office warrant first class
133 Destruction, etc., of May arrest without Fine of five thousand shillings or Any subordinate court

121
statutory documents warrant imprisonment for six months
DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL
CHAPTER XIV – OFFENCES RELATING TO RELIGION
Criminal Procedure Code

134 Insult to religion May arrest without Imprisonment for two years Any subordinate court
warrant
135 Disturbing religious May arrest without Imprisonment for two years Any subordinate court
assembly warrant
136 Trespassing on burial May arrest without Imprisonment for two years Any subordinate court
place warrant
137 Hindering burial of dead May arrest without Imprisonment for two years Any subordinate court
body, etc. warrant
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
138 Uttering words with Shall not arrest without Imprisonment for one year Any subordinate court
CAP. 75

intent to wound warrant

religious feelings
CHAPTER XV – OFFENCES AGAINST MORALITY
140 Rape May arrest without Imprisonment with hard labour for Subordinate court of the
warrant life with or without corporal first class
punishment
141 Attempted rape May arrest without Imprisonment with hard labour for Subordinate court of the
warrant life with or without corporal first class
punishment
142 Abduction May arrest without Imprisonment for seven years Subordinate court of the
warrant first class

122
143 Abduction of girl under May arrest without Imprisonment for two years Subordinate court of the
sixteen warrant first class
144(1) Indecent assault on May arrest without Imprisonment with hard labour for Any subordinate court
female warrant five years with or without corporal
Criminal Procedure Code

punishment
(3) Insulting modesty of May arrest without Imprisonment for one year Any subordinate court
female warrant
145(1) Defilement of girl under May arrest without Imprisonment with hard labour for Subordinate court of the
fourteen warrant fourteen years with or without first class
corporal punishment
(2) Attempted defilement of May arrest without Imprisonment with hard labour for Subordinate court of the
girl under fourteen warrant five years with or without corporal first class
punishment
[Rev. 2012]
 FIRST SCHEDULE—continued
146 Defilement of idiot or May arrest without Imprisonment with hard labour for Subordinate court of the
imbecile warrant fourteen years with or without first class
[Rev. 2012]

corporal punishment
147 Procuration May arrest without Imprisonment for two years with or Subordinate court of the
warrant without corporal punishment first class
148 Procuring defilements May arrest without Imprisonment for two years Subordinate court of the
by threats or fraud or warrant first class
administering drugs
149 Householder permitting May arrest without Imprisonment for five years Subordinate court of the
defilement of girl under warrant first class
thirteen on his premises
150 Householder permitting May arrest without Imprisonment for two years Subordinate court of the

123
defilement of girl under warrant first class
sixteen on his premises
151 Detention of female for May arrest without Imprisonment for two years Subordinate court of the
immoral purposes warrant first class
Criminal Procedure Code

153 Male person living on May arrest without Imprisonment for two years and for Subordinate court of the
earnings of prostitution warrant each subsequent offence the like first class
or soliciting imprisonment, with or without
corporal punishment
154 Woman living on May arrest without Imprisonment for two years Subordinate court of the
earnings of prostitution warrant first class
or aiding, etc.,
prostitution
156 Keeping brothels, etc. May arrest without Imprisonment for two years Subordinate court of the
warrant first class
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
157 Conspiracy to defile May arrest without Imprisonment for three years with or Subordinate court of the
CAP. 75

warrant without corporal punishment first class

158 Attempt to procure May arrest without Imprisonment for fourteen years Subordinate court of the
abortion warrant first class
159 Woman attempting to May arrest without Imprisonment for seven years Subordinate court of the
procure her own warrant first class
abortion
160 Supplying drugs or May arrest without Imprisonment for three years Subordinate court of the
instruments to procure warrant first class
abortion
162 Unnatural offences May arrest without Imprisonment for fourteen years with Subordinate court of the
warrant or without corporal punishment first class

124
163 Attempt to commit May arrest without Imprisonment for seven years with Subordinate court of the
unnatural offence warrant or without corporal punishment first class
164 Indecent assault on boy May arrest without Imprisonment for seven years with Subordinate court of the
Criminal Procedure Code

under fourteen warrant or without corporal punishment first class

165 Indecent practices May arrest without Imprisonment for five years with or Subordinate court of the
between males warrant without corporal punishment first class
166(1) Incest by male May arrest without Imprisonment for five years Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
[Rev. 2012]
 FIRST SCHEDULE—continued
(2) If female person is May arrest without Imprisonment for life Subordinate court of the
under the age of warrant first class presided over
[Rev. 2012]

thirteen years by a chief magistrate, a

senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
(3) Attempt to commit May arrest without Imprisonment for two years Subordinate court of the
incest warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate

125
167 Incest by female May arrest without Imprisonment for five years Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
Criminal Procedure Code

magistrate, a principal
magistrate or a senior
resident magistrate
CHAPTER XVI – OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS
170 Fraudulent pretence of May arrest without Imprisonment for ten years Subordinate court of the
marriage warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued
171 Bigamy May arrest without Imprisonment for five years Subordinate court of the

[Issue 1]
CAP. 75

warrant first class presided over

by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
172 Dishonestly or May arrest without Imprisonment for five years Subordinate court of the
fraudulently going warrant first class presided over
through ceremony of by a chief magistrate, a
marriage senior principal
magistrate, a principal
magistrate or a senior
resident magistrate

126
173 Master not providing for Shall not arrest without Imprisonment for two years Any Subordinate Court
servant or apprentice warrant
174 Child stealing May arrest without Imprisonment for seven years Subordinate court of the
warrant first class
Criminal Procedure Code

CHAPTER XVII – NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE

175 Committing common Shall not arrest without Imprisonment for one year Any subordinate court
nuisance warrant
176(3) Keeping common Shall not arrest without Imprisonment for two years Any Subordinate Court
gaming house warrant
(4) Being found in common Shall not arrest without Fine of three hundred shillings for first Any subordinate court
gaming house warrant offence, and for each subsequent
offence a fine of one thousand two
hundred shillings or imprisonment for
three months or both
[Rev. 2012]
 FIRST SCHEDULE—continued
177 Keeping or permitting Shall not arrest without Imprisonment for one year Any subordinate court
the keeping of common warrant
[Rev. 2012]

betting house
178(1) Carrying on lottery Shall not arrest without Imprisonment for six months Any subordinate court
warrant
(2) Printing or publishing Shall not arrest without Fine of one thousand shillings Any subordinate court
advertisement relating warrant
to lottery
179 Sending chain letters, May arrest without Fine of five thousand shillings or Any subordinate court
etc. warrant Sending chain imprisonment for six months or both
letters, etc.
181 Trafficking in obscene May arrest without Imprisonment for two years or a fine Any subordinate court

127
publications warrant of seven thousand shillings
182 Being an idle or May arrest without Imprisonment for one month or a Any subordinate court
disorderly person warrant fine of one hundred shillings or both,
and for each subsequent offence,
Criminal Procedure Code

imprisonment for one year

183 Being a rogue or May arrest without Imprisonment for three months for Any subordinate court
vagabond warrant first offence, and for each
subsequent offence, imprisonment
for one year
184(1) Wearing uniform May arrest without Imprisonment for one month or a Any subordinate court
without authority warrant fine of six hundred shillings
(2) Bringing contempt on May arrest without Imprisonment for three months or a Any subordinate court
uniform warrant fine of one thousand two hundred
shillings
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
(3) Importing or selling May arrest without Imprisonment for six months or a Any subordinate court
CAP. 75

uniform without warrant fine of six thousand shillings

authority
185(2) Wearing without May arrest without Imprisonment for one month or fine Any subordinate court
authority uniform of warrant of two hundred shillings
public organization
(3) Importing or selling May arrest without Imprisonment for six months or fine Any subordinate court
without authority warrant of two thousand shillings
uniform of public
organization
186 Doing act likely to May arrest without Imprisonment for two years Any subordinate court
spread infection of warrant
dangerous disease

128
187 Adulteration of food or Shall not arrest without Imprisonment for two years Any subordinate court
drink intended for sale warrant
188 Selling, or offering or Shall not arrest without Imprisonment for two years Any subordinate court
Criminal Procedure Code

exposing for sale, warrant

noxious food or drink
189 Adulteration of drug Shall not arrest without Imprisonment for two years Any subordinate court
intended for sale warrant
190 Selling adulterated drug Shall not arrest without Imprisonment for two years Any subordinate court
warrant
191 Fouling water of public May arrest without Imprisonment for two years Any subordinate court
spring or reservoir warrant
[Rev. 2012]
 FIRST SCHEDULE—continued
192 Making the atmosphere Shall not arrest without Imprisonment for two years Any subordinate court
noxious to health warrant
[Rev. 2012]

193 Carrying on offensive Shall not arrest without Imprisonment for one year Any subordinate court
trade warrant
CHAPTER XVIII – DEFAMATION
194 Libel Shall not arrest without Imprisonment for two years Subordinate court of the
warrant first class
DIVISION IV
OFFENCES AGAINST THE PERSON
CHAPTER XIX – MURDER AND MANSLAUGHTER
202 Manslaughter May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over

129
by a chief magistrate,
senior principal
magistrate, a principal
magistrate or a senior
Criminal Procedure Code

resident magistrate
203 Murder May arrest without Death
warrant
210 Infanticide May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
by a chief magistrate,
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
CHAPTER XXI – OFFENCES CONNECTED WITH MURDER AND SUICIDE
CAP. 75

220 Attempted murder May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
221 Attempted murder by May arrest without Imprisonment for life with or without Subordinate court of the
convict warrant corporal punishment first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior

130
resident magistrate
222 Being accessory after May arrest without Imprisonment for life Subordinate court of the
the fact to murder warrant first class presided over
Criminal Procedure Code

by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
223 Threats to kill May arrest without Imprisonment for ten years Subordinate court of the
warrant first class
[Rev. 2012]
 FIRST SCHEDULE—continued
224 Conspiracy to murder May arrest without Imprisonment for fourteen years Subordinate court of the
warrant first class presided over
[Rev. 2012]

by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
225 Aiding suicide May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate

131
226 Attempted suicide May arrest without Imprisonment for two years Subordinate court of the
warrant first class
227 Concealing birth May arrest without Imprisonment for two years Any subordinate court
Criminal Procedure Code

warrant
228 Killing unborn child May arrest without Imprisonment for life Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued
CHAPTER XXII – OFFENCES ENDANGERING LIFE AND HEALTH

[Issue 1]
CAP. 75

229 Disabling in order to May arrest without Imprisonment for life with or without Subordinate court of the
commit felony or warrant corporal punishment first class presided over
misdemeanour by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
230 Stupefying in order to May arrest without Imprisonment for life Subordinate court of the
commit felony or warrant first class presided over
misdemeanour by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior

132
resident magistrate
231 Doing act intended to May arrest without Imprisonment for life Subordinate court of the
cause grievous harm or warrant first class
prevent arrest
Criminal Procedure Code

232 Preventing escape from May arrest without Imprisonment for life Subordinate court of the
wreck warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
233 Intentionally May arrest without Imprisonment for life Subordinate court of the
endangering safety of warrant first class
person travelling by
railway
[Rev. 2012]
 FIRST SCHEDULE—continued
234 Doing grievous harm May arrest without Imprisonment for life Subordinate court of the
warrant first class
[Rev. 2012]

235 Attempting to injure by May arrest without Imprisonment for fourteen years Subordinate court of the
explosive substance warrant first class
236 Administering poison May arrest without Imprisonment for fourteen years Subordinate court of the
with intent to harm warrant first class
237 Wounding and similar May arrest without Imprisonment for five years Any subordinate court
acts warrant
238 Intimidation and May arrest without Imprisonment for three years Subordinate court of the
molestation warrant first class
239 Failing to provide May arrest without Imprisonment for three years Any subordinate court

133
necessaries of life warrant
CHAPTER XXIII – CRIMINAL RECKLESSNESS AND NEGLIGENCE
243 Rash and negligent May arrest without Imprisonment for two years Any subordinate court
Criminal Procedure Code

acts warrant
244 Other negligent acts May arrest without Imprisonment for six months Any subordinate court
causing harm warrant
245 Dealing in poisonous Shall not arrest without Imprisonment for six months or a Any subordinate court
substance in negligent warrant fine of six thousand shillings
manner
246 Endangering safety of May arrest without Imprisonment for two years Any subordinate court
person travelling by warrant
railway
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
CAP. 75

247 Exhibiting false light, May arrest without Imprisonment for seven years Subordinate court of the
mark or buoy warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
248 Conveying person by May arrest without Imprisonment for two years Any subordinate court
water for hire in unsafe warrant
or overloaded vessel
249 Causing danger or Shall not arrest without Fine Any subordinate court
obstruction in public warrant
way or line of

134
navigation
CHAPTER XXIV – ASSAULTS
250 Common assault Shall not arrest without Imprisonment for one year Any subordinate court
Criminal Procedure Code

warrant
251 Assault occasioning May arrest without Imprisonment for five years with or Any subordinate court
actual bodily harm warrant without corporal punishment
252 Assaulting person May arrest without Imprisonment for seven years Subordinate court of the
protecting wreck warrant first class
253 Various assaults May arrest without Imprisonment for five years Any subordinate court
warrant
[Rev. 2012]
 FIRST SCHEDULE—continued
CHAPTER XXV – OFFENCES AGAINST LIBERTY
257 Kidnapping May arrest without Imprisonment for seven years Subordinate court of the
[Rev. 2012]

warrant first class

258 Kidnapping or abducting May arrest without Imprisonment for ten years Subordinate court of the
in order to murder warrant first class
259 Kidnapping or May arrest without Imprisonment for seven years Subordinate court of the
abducting with intent to warrant first class
confine
260 Kidnapping or May arrest without Imprisonment for ten years Subordinate court of the
abducting in order to warrant first class
subject to grievous
harm, slavery, etc.
261 Wrongfully concealing May arrest without Same punishment as for kidnapping Subordinate court of the

135
or keeping in warrant or abduction first class
confinement kidnapped
or abducted person
262 Kidnapping or May arrest without Imprisonment for seven years Subordinate court of the
Criminal Procedure Code

abducting child under warrant first class

fourteen with intent to
steal from its person
263 Wrongful confinement May arrest without Imprisonment for one year or a fine Any subordinate court
warrant of fourteen thousand shillings
264 Buying or disposing of May arrest without Imprisonment for seven years Subordinate court of the
person as slave warrant first class presided over
by a chief magistrate, a
principal magistrate or a
senior resident
magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued
265 Habitually dealing in May arrest without Imprisonment for ten years Subordinate court of the

[Issue 1]
CAP. 75

slaves warrant first class presided over

by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
266 Unlawful compulsory May arrest without Imprisonment for two years Any subordinate court
labour warrant
DIVISION V
OFFENCES RELATING TO PROPERTY
CHAPTER XXVI – THEFT
275 Theft May arrest without Imprisonment for three years Any subordinate court

136
warrant
276 Stealing will May arrest without Imprisonment for ten years Any subordinate court
warrant
Criminal Procedure Code

277 Stealing postal matter, May arrest without Imprisonment for ten years Any subordinate court
etc. warrant
278 Stealing stock May arrest without Imprisonment for not less than Any subordinate court
warrant seven and not more than fourteen
years with corporal punishment
278A Stealing motor vehicle May arrest without Imprisonment for seven years with Any subordinate court
warrant corporal punishment
279 Stealing from the May arrest without Imprisonment for fourteen years with Any subordinate court
person, in a dwelling warrant corporal punishment
house, in transit, etc.
[Rev. 2012]
 FIRST SCHEDULE—continued
280 Stealing by person in May arrest without Imprisonment for seven years Any subordinate court
public service warrant
[Rev. 2012]

281 Stealing by clerk or May arrest without Imprisonment for seven years Any subordinate court
servant warrant
282 Stealing by director or May arrest without Imprisonment for seven years Any subordinate court
officer of company warrant
283 Stealing by agent, etc. May arrest without Imprisonment for seven years Any subordinate court
warrant
284 Stealing by tenant or May arrest without Imprisonment for seven years Any subordinate court
lodger warrant
285 Stealing after previous May arrest without Imprisonment for seven years Any subordinate court
conviction warrant

137
CHAPTER XXVII – OFFENCES ALLIED TO STEALING
286 Concealing register May arrest without Imprisonment for ten years Subordinate court of the
warrant first class presided over
by a chief magistrate, a
Criminal Procedure Code

senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
287 Concealing will May arrest without Imprisonment for ten years Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
CAP. 75

288 Concealing deed May arrest without Imprisonment for three years Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
289 Killing animal with intent May arrest without Same punishment as if the animal Any court by which the
to steal warrant had been stolen theft of the animal
would be triable
290 Severing with intent to May arrest without Same punishment as if the thing had Any court by which the
steal warrant been stolen theft of the thing would
be triable

138
291 Fraudulent disposition May arrest without Imprisonment for two years Any subordinate court
of mortgaged goods warrant
292 Fraudulently dealing May arrest without Imprisonment for five years Any subordinate court
Criminal Procedure Code

with ore or mineral in warrant

mine
293 Fraudulent May arrest without Imprisonment for five years Any subordinate court
appropriation of warrant
mechanical or electrical
power
294 Unlawfully using vehicle May arrest without Imprisonment for six months and/or Any subordinate court
or animal, etc. warrant fine of three thousand shillings
[Rev. 2012]
 FIRST SCHEDULE—continued
CHAPTER XXVIII – ROBBERY AND EXTORTION
296(1) Robbery May arrest without Imprisonment for fourteen years with Subordinate court of the
warrant corporal punishment first class
[Rev. 2012]

(2) Robbery with violence May arrest without Death Subordinate court of the
warrant first class presided over
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
297(1) Attempted robbery May arrest without Imprisonment for seven years with Subordinate court of the
warrant corporal punishment first class
(2) Attempted robbery with May arrest without Death Subordinate court of the
violence warrant first class presided over

139
by a chief magistrate, a
senior principal
magistrate, a principal
magistrate or a senior
Criminal Procedure Code

resident magistrate
298 Assault with intent to May arrest without Imprisonment for five years Any subordinate court
steal warrant
299 Demanding property by May arrest without Imprisonment for fourteen years Subordinate court of the
written threats warrant first class
300 Threatening with intent May arrest without Imprisonment for fourteen years Subordinate court of the
to extort - in certain warrant first class
specified cases
in any other case May arrest without Imprisonment for three years Any subordinate court
warrant
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
301 Procuring execution of May arrest without Imprisonment for fourteen years Subordinate court of the
CAP. 75

deeds, etc., by threats warrant first class

302 Demanding property May arrest without Imprisonment for ten years Any subordinate court
with menaces with warrant
intent to steal
CHAPTER XXIX – BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES
304(1) Housebreaking May arrest without Imprisonment for seven years Any subordinate court
warrant
(2) Burglary May arrest without Imprisonment for ten years with Any subordinate court
warrant corporal punishment
305(1) Entering dwelling house May arrest without Imprisonment for five years Any subordinate court
with intent to commit warrant

140
felony
(2) If offence is committed May arrest without Imprisonment for seven years Any subordinate court
in the night warrant
Criminal Procedure Code

306 Breaking into building May arrest without Imprisonment for seven years with Any subordinate court
and committing felony warrant corporal punishment
307 Breaking into building May arrest without Imprisonment for five years Any subordinate court
with intent to commit warrant
felony
308(1) Armed preparation for May arrest without Imprisonment with hard labour for Any subordinate court
felony warrant not less than ten or more than
fourteen years together with corporal
[Rev. 2012]
 FIRST SCHEDULE—continued
(2) Possession of certain May arrest without Imprisonment with hard labour for Any subordinate court
articles warrant five years or for ten years after
[Rev. 2012]

previous conviction of a felony

relating to property
(3) Other preparation for May arrest without Imprisonment with hard labour for Any subordinate court
felony warrant five years or for ten years after
previous conviction of a felony
relating to property
311(4) Damaging or unlawfully May arrest without Imprisonment for two years Any subordinate court
removing detained warrant
aircraft, vessel or
vehicle
CHAPTER XXX – FALSE PRETENCES

141
313 Obtaining property by May arrest without Imprisonment for three years Any subordinate court
false pretence warrant
314 Obtaining execution of May arrest without Imprisonment for three years Any subordinate court
Criminal Procedure Code

security by false warrant

pretence
315 Cheating May arrest without Imprisonment for three years Any subordinate court
warrant
316 Obtaining credit, etc., May arrest without Imprisonment for one year Any subordinate court
by false pretence warrant
317 Conspiracy to defraud May arrest without Imprisonment for three years Any subordinate court
warrant
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
318 Fraud on sale or May arrest without Imprisonment for two years Any subordinate court
CAP. 75

mortgage of property warrant

319 Pretending to tell May arrest without Imprisonment for one year Any subordinate court
fortunes warrant
320 Obtaining registration, May arrest without Imprisonment for one year Any subordinate court
etc., by false pretence warrant
321 False declaration for May arrest without Imprisonment for two years Any subordinate court
passport warrant
CHAPTER XXXI – RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES
322(2) Handling stolen May arrest without Imprisonment with hard labour for Any subordinate court
property warrant not less than seven or more than

142
fourteen years
323 Failing to account for May arrest without Imprisonment for two years Any subordinate court
possession of property warrant
suspected to be stolen
Criminal Procedure Code

or unlawfully obtained
324(2) Unlawful possession of May arrest without Imprisonment for two years Any subordinate court
Government or Railway warrant
stores
(3) Unlawful possession of May arrest without Imprisonment for two years Any subordinate court
service stores warrant
325(2) Failing to account for Shall not arrest without Fine of one thousand four hundred Any subordinate court
possession of property warrant shillings or imprisonment for six
months
[Rev. 2012]
 FIRST SCHEDULE—continued
326 Receiving goods stolen May arrest without Imprisonment for seven years Subordinate court of the
outside Kenya warrant first class
[Rev. 2012]

CHAPTER XXXII – FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING
327 Fraudulently disposing May arrest without Imprisonment for seven years Any subordinate court
of trust property warrant
328 Fraudulent May arrest without Imprisonment for seven years Any subordinate court
appropriation or warrant
accounting by director
or officer
329 False statement by May arrest without Imprisonment for seven years Any subordinate court
official or corporation warrant
330 Fraudulent false May arrest without Imprisonment for seven years Any subordinate court

143
accounting by clerk or warrant
servant
331 False accounting by May arrest without Imprisonment for two years Any subordinate court
public officer warrant
Criminal Procedure Code

DIVISION VI
MALICIOUS INJURIES TO PROPERTY
CHAPTER XXXIII – OFFENCES CAUSING INJURY TO PROPERTY
332 Arson May arrest without Imprisonment for life Subordinate court of the
warrant first class
333 Attempt to commit May arrest without Imprisonment for fourteen years Subordinate court of the
arson warrant first class
334 Setting fire to crops or May arrest without Imprisonment for fourteen years Subordinate court of the
growing plants warrant first class
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued
335 Attempting to set fire to May arrest without Imprisonment for seven years Subordinate court of the

[Issue 1]
CAP. 75

crops or growing plants warrant first class

336 Casting away vessel May arrest without Imprisonment for fourteen years Subordinate court of the
warrant first class presided over
by a chief magistrate,
senior principal
magistrate, a principal
magistrate or a senior
resident magistrate
337 Attempt to cast away May arrest without Imprisonment for seven years Subordinate court of the
vessel warrant first class
338 Killing or wounding
animal-

144
(a) if stock as defined in May arrest without Imprisonment for fourteen years Subordinate court of the
section 278 of the warrant first class
Penal Code
(b) in any other case May arrest without Imprisonment for three years Subordinate court of the
Criminal Procedure Code

warrant first class

339(1) Destroying or damaging May arrest without Imprisonment for five years Any subordinate court
property in general warrant
(2) Destroying or damaging May arrest without Imprisonment for life with or without Subordinate court of the
inhabited house or warrant corporal punishment first class
vessel with explosives
(3) Destroying or damaging May arrest without Imprisonment for life Subordinate court of the
river bank or wall, or warrant first class
navigation work, or
bridge
[Rev. 2012]
 FIRST SCHEDULE—continued
(4) Destroying or damaging May arrest without Imprisonment for fourteen years Subordinate court of the
will or register warrant first class
[Rev. 2012]

(5) Destroying or damaging May arrest without Imprisonment for seven years Subordinate court of the
wreck warrant first class
(6) Destroying or damaging May arrest without Imprisonment for fourteen years Subordinate court of the
railway warrant first class
(7) Destroying or damaging May arrest without Imprisonment for ten years Subordinate court of the
property of special value warrant first class
(8) Destroying or damaging May arrest without Imprisonment for ten years Subordinate court of the
deed or records warrant first class
340 Attempt to destroy or May arrest without Imprisonment for fourteen years Subordinate court of the

145
damage property by warrant first class
use of explosives
341 Communicating May arrest without Imprisonment for seven years Subordinate court of the
infectious disease to warrant first class
Criminal Procedure Code

animals
342 Injuring or obstructing May arrest without Imprisonment for three months or a Any subordinate court
railway works, etc. warrant fine of one thousand two hundred
shillings
343 Sabotage May arrest without Life imprisonment/ imprisonment for Subordinate court of the
warrant five years first class
344 Threatening to burn any May arrest without Imprisonment for seven years Subordinate court of the
building, etc., or to kill warrant first class
or wound any cattle
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
DIVISION VII
CAP. 75

FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES

CHAPTER XXXV – PUNISHMENT FOR FORGERY
349 Forgery (where no May arrest without Imprisonment for three years Subordinate court of the
special punishment is warrant first class
provided)
350 Forgery of will, May arrest without Imprisonment for life Subordinate court of the
document of title, warrant first class
security, cheque, etc.
351 Forgery of judicial or May arrest without Imprisonment for seven years Subordinate court of the
official document warrant first class
352 Forgery, etc., of stamps May arrest without Imprisonment for seven years Subordinate court of the

146
warrant first class
353 Uttering false document May arrest without Same punishment as for forgery of Any court by which
warrant document forgery of document
would be triable
Criminal Procedure Code

354 Uttering cancelled or May arrest without Same punishment as for forgery of Any court by which
exhausted document warrant document forgery of document
would be triable
355 Procuring execution of May arrest without Same punishment as for forgery of Any court by which
document by false warrant document forgery of document
pretences would be triable
356 Obliterating or altering May arrest without Imprisonment for seven years Subordinate court of the
crossing on cheque warrant first class
[Rev. 2012]
 FIRST SCHEDULE—continued
357 Making or executing May arrest without Imprisonment for seven years Subordinate court of the
document without warrant first class
[Rev. 2012]

authority
358 Demanding property May arrest without Same punishment as for forgery of Any court by which
upon forged warrant instrument forgery of instrument
testamentary would be triable
instrument
359 Purchasing or receiving May arrest without Imprisonment for seven years Subordinate court of the
forged bank note warrant first class
360 Falsifying warrant for May arrest without Imprisonment for seven years Subordinate court of the
money payable under warrant first class
public authority

147
361 Permitting falsification May arrest without Imprisonment for seven years Subordinate court of the
of register of record warrant first class
362 Sending false certificate May arrest without Imprisonment for seven years Subordinate court of the
of marriage to registrar warrant first class
Criminal Procedure Code

363 Making false statement May arrest without Imprisonment for three years Any subordinate court
for insertion in register warrant
of births, deaths or
marriages
CHAPTER XXXVI – OFFENCES RELATING TO COIN AND BANK AND CURRENCY NOTES
365 Counterfeiting coin May arrest without Imprisonment for life Subordinate court of the
warrant first class
366 Making preparation for May arrest without Imprisonment for life Subordinate court of the
coining warrant first class
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
367 Making or possessing May arrest without Imprisonment for seven years Subordinate court of the
CAP. 75

paper or implements of warrant first class

forgery
368 Clipping coin May arrest without Imprisonment for seven years Subordinate court of the
warrant first class
369 Melting down currency May arrest without Imprisonment for six months and/or Any subordinate court
warrant fine of eight thousand shillings
371 Being in possession of May arrest without Imprisonment for seven years Subordinate court of the
clippings warrant first class
372 Uttering counterfeit coin May arrest without Imprisonment for two years Subordinate court of the
warrant first class
373 Repeated uttering of May arrest without Imprisonment for three years Subordinate court of the

148
counterfeit coin warrant first class
374 Uttering piece of metal May arrest without Imprisonment for one year Subordinate court of the
as coin warrant first class
Criminal Procedure Code

375 Exporting counterfeit May arrest without Imprisonment for two years Subordinate court of the
coin warrant first class
376 Selling article bearing May arrest without Imprisonment for six months Any subordinate court
design in imitation warrant
currency
CHAPTER XXXVII – COUNTERFEIT STAMPS
378 Being in possession, May arrest without Imprisonment for seven years Subordinate court of the
etc., of die or paper warrant first class
used for making
revenue stamps
[Rev. 2012]
 FIRST SCHEDULE—continued
379 Being in possession, May arrest without Imprisonment for one year or fine of Subordinate court of the
etc., of die or paper warrant three thousand shillings first class
used for postage
[Rev. 2012]

stamps
CHAPTER XXXVIII – COUNTERFEITING TRADE MARKS
381 Counterfeiting, etc., Shall not arrest without Imprisonment for two years Any subordinate court
trade mark warrant
CHAPTER XXXIX – PERSONATION
382(1) Personation in general May arrest without Imprisonment for two years Any subordinate court
warrant
(2) If representation is that May arrest without Imprisonment for seven years Subordinate court of the
offender is person warrant first class

149
entitled by will or
operation of law to
specific property and he
commits offence to
Criminal Procedure Code

obtain such property

383 Falsely acknowledging May arrest without Imprisonment for two years Any subordinate court
deed, recognizances, warrant
etc.
384 Personation of person May arrest without Same punishment as for forgery of Any court by which
named in certificate warrant certificate forgery of certificate
would be triable
385 Lending, etc., certificate May arrest without Imprisonment for two years Any subordinate court
for purposes of warrant
personation
CAP. 75

[Issue 1]
 FIRST SCHEDULE—continued

[Issue 1]
386 Personation of person May arrest without Imprisonment for one year Any subordinate court
CAP. 75

named in testimonial warrant

387 Lending, etc., May arrest without Imprisonment for two years Any subordinate court
testimonial for purposes warrant
of personation
DIVISION VIII
ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES AND ACCESSORIES AFTER THE FACT
CHAPTER XL – ATTEMPTS
389 Attempt to commit According as to Imprisonment for two years Any court by which the
felony or whether or not the felony or
misdemeanour offence is one for which misdemeanour
the police may arrest attempted would be
without a warrant triable

150
390 Attempt to commit May arrest without Imprisonment for seven years Any court by which the
felony punishable with warrant felony attempted would
death or imprisonment be triable
for fourteen years or
Criminal Procedure Code

upwards
391 Soliciting or inciting May arrest without Same punishment as for the offence Any court by which the
another to commit warrant if arrest for solicited or incited offence solicited or
offence in Kenya or offence solicited or incited would be triable
elsewhere incited may be made
without warrant, but not
otherwise
392 Neglecting to prevent Shall not arrest without Imprisonment for two years Any subordinate court
commission or warrant
completion of felony
[Rev. 2012]
 FIRST SCHEDULE—continued
CHAPTER XLI – CONSPIRACIES
393 Conspiracy to commit May arrest without Imprisonment for seven years Any court by which the
felony warrant felony would be triable
[Rev. 2012]

394 Conspiracy to commit According to whether or Imprisonment for two years Any court by which the
misdemeanour not the misdemeanour misdemeanour would
is one for which the be triable
police may arrest
without warrant
395 Conspiracy to effect Shall not arrest without Imprisonment for two years Any subordinate court
certain specified warrant
purposes
CHAPTER XLII – ACCESSORIES AFTER THE FACT
397 Being an accessory May arrest without Imprisonment for three years Any subordinate court
after the fact to felony warrant
398 Being an accessory Shall not arrest without Imprisonment for two years Any subordinate court

151
after the fact to warrant
misdemeanour
OFFENCES UNDER OTHER LAWS
If punishable with death May arrest without —
Criminal Procedure Code

or imprisonment for warrant

more than ten years
If punishable with May arrest without — Subordinate court of the
imprisonment for three warrant first class
years or upwards, but
not more than ten
If punishable with Shall not arrest without Any subordinate court
imprisonment for less warrant
than three years or with
fine only.
CAP. 75

[Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

SECOND SCHEDULE
[Section 137(a)(iv), Act No. 28 of 1961, Sch., L.N. 474/1963, L.N. 18/1964.]

FORMS OF STATING OFFENCES IN INFORMATIONS

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 murder C.C.,
did on the ................................ day of .................................., in .........................
District within the .................................................................Province and on other
days thereafter receive, comfort, harbour, 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.

[Issue 1] 152
[Rev. 2012] CAP. 75
Criminal Procedure Code

SECOND SCHEDULE—continued
5 – WOUNDING
First Count
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.

Second Count
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
First Count
Stealing, contrary to section 275 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the ................ day of .................. 20 ..............., in ..............................
District within the ................................. Province, stole a bag, the property of C.D.

Second Count
Receiving stolen goods, contrary to section 322 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the .................... Province, did receive a bag, the property of C.D.,
knowing the same to have been stolen.

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 .........................

153 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

SECOND SCHEDULE—continued
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
Burglary, contrary to section 304, and stealing, contrary to section 279 of the
Penal Code.
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 one
watch, the property of S.T., the said watch being of the value of Sh. 200.

10 – THREATS
Demanding property by written threats, contrary to section 299 of the Penal
Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ....................... Province, with intent to extort money from C.D.,
caused the said C.D. to receive a letter containing threats of injury or detriment
to be caused to E.F.

[Issue 1] 154
[Rev. 2012] CAP. 75
Criminal Procedure Code

SECOND SCHEDULE—continued

11 – ATTEMPTS TO EXTORT
Attempt to extort by threats, contrary to section 300 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ....................... Province, with intent to extort money from C.D.,
accused or threatened to accuse the said C.D. of an unnatural offence.

12 – FALSE PRETENCES
Obtaining by false pretences, contrary to section 313 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................... Province, with intent to defraud, obtained from S.P.
five yards of cloth by falsely pretending that the said A.B. was a servant to J.S.,
and that he, the said A.B., had then been sent by the said J.S. to S.P., for the
said cloth, and that he, the said A.B., was then authorized by the said J.S. to
receive the said cloth on behalf of the said J.S.

13 – CONSPIRACY TO DEFRAUD
Conspiracy to defraud, contrary to section 317 of the Penal Code
PARTICULARS OF OFFENCE
A.B. and C.D., on the .................. day of ........................... 20............. , and on
divers days between that day and the ................ day of ................., in ..............
District within the ................................... Province, conspired together with intent
to defraud by means of an advertisement inserted by them, the said A.B. and
C.D. in the H.S. newspaper, falsely representing that A.B. and C.D. were then
carrying on a genuine business as jewellers at ..........................., in ...................
District within the ............................................ Province, and that they were then
able to supply certain articles of jewellery to whomsoever would remit to them
the sum of Sh. 40.

155 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

SECOND SCHEDULE—continued
14 – ARSON
Arson, contrary to section 332 of the Penal Code.
PARTICULARS OF OFFENCCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................. Province, wilfully and unlawfully set fire to a house.

15 – ARSON AND ACCESSORY BEFORE THE FACT

A.B., Arson, contrary to section 332 of the Penal Code.
C.D., accessory before the fact to same offence.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the .......................................... Province, wilfully and unlawfully set
fire to a house.
C.D., on the same day, in ....................................................................... District
within the ..................................... Province, did counsel or procure the said A.B.
to commit the said offence.

16 – DAMAGE
Damaging trees, contrary to section 339 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................................................ Province, wilfully and unlawfully
damaged a coffee tree there growing.

17 – FORGERY

First Count

Forgery, contrary to section 350 of the Penal Code.

PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the .................................. Province, forged a certain will purporting
to be the will of C.D.

[Issue 1] 156
[Rev. 2012] CAP. 75
Criminal Procedure Code

SECOND SCHEDULE—continued
Second Count
Uttering a false document, contrary to section 353 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ........................................ Province, knowingly and fraudulently
uttered a certain forged will purporting to be the will of C.D.

18 – COUNTERFEIT COIN
Uttering a counterfeit coin, contrary to section 372 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........ , at .........................
market in .................................... District within the .............................................
Province, uttered a counterfeit shilling, knowing the same to be counterfeit.

19 – PERJURY
Perjury, contrary to section 108 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ......................................................... Province, being a witness
upon the trial of an action in the High Court of Kenya at Nairobi, in which one .....
................................... was plaintiff, and one .............................. was defendant,
knowingly gave false testimony that he saw one, M.W., in the street called the ...
....................................... on the ............................ day of ...................................

20 – DEFAMATORY LIBEL
Publishing defamatory matter, contrary to section 194 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................................................ Province, published defamatory
matter affecting E.F., in the form of a letter (book, pamphlet, picture, or as the
case may be).
(Innuendo should be stated where necessary.)

157 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

SECOND SCHEDULE—continued
21 – FALSE ACCOUNTING

First Count
Fraudulent false accounting, contrary to section 330 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................................... Province, being clerk or servant to C.D.,
with intent to defraud, made or was privy to making a false entry in a cash book
belonging to the said C.D., his employer, purporting to show that on the said day
Sh. 2,000 had been paid to L.M.
Second Count
Same as first count.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District with the ...................................... Province, being clerk or servant to C.D.,
with intent to defraud, omitted or was privy to omitting from a cash book
belonging to the said C.D., his employer, a material particular, that is to say, the
receipt on the said day of Sh. 1,000 from H.S.

22 – THEFT BY AGENT
First Count
Stealing by agents and others, contrary to section 283 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................................ Province, stole Sh. 2,000 which had been
entrusted to him by H.S., for him, the said A.B., to retain in safe custody.
Second Count
Stealing by agents and others, contrary to section 283 of the Penal Code.
PARTICULARS OF OFFENCE
A.B., on the .......................... day of ................... 20........., in .........................
District within the ................................................ Province, stole Sh. 2,000 which
had been received by him, for and on account of L.M.

[Issue 1] 158
[Rev. 2012] CAP. 75
Criminal Procedure Code

SECOND SCHEDULE—continued
23 – PREVIOUS CONVICTION
Prior to the commission of the said offence, the said A.B. had been previously
convicted of ............................. on the ............................ day of .........................
20 .............. , at the ..................................... held at .............................................
Third Schedule - [Spent].
Fourth Schedule - Repealed by Act No. 46 of 1963, Second Sch.

159 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

INDEX TO THE CRIMINAL PROCEDURE CODE

NOTE.- This index is not part of the Act, and is inserted only for convenience.
Section
A

ABATEMENT of appeals on death 360

ABSENCE—
of accused after adjournment 206
” witness for defence 211(2)

ACCUSED—
absence of, after adjournment 206
” ” ” ” if charge one of felony 206(4)
calling witnesses 211
charged 207
costs against 171
cross examination by 208
death of, abatement of appeal on 360
defence by 211
evidence in reply to 212
” to be taken in presence of 194
incapable of understanding proceedings 167
interpretation of evidence to 198
plea by 207
refusal to plead by 207(4)
setting aside conviction in absence of 206(2)

ACCUSED PERSON—
adducing evidence 310
” no evidence 311
admission of charge by 207(2)
as only witness 160
charge to be read to 207(1)
information to be read to 274
moving in arrest of judgment 324
objection to form of information 275
” ” want of service of information 274
pleading to information 274
revision, may be heard in 364(2)
to be called upon before sentence 323
” ” present when judgment delivered 168(2)

[Issue 1] 160
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, A—continued
Section
” ” told of right of appeal from death sentence 330
where sole witness for defence 160
Acquit—
Autrefois, effect of plea of 138
” no bar to separate charge 139
” procedure on plea of 207(5), 279
” when consequences supervene 140
” where trial court not competent 141

ACQUITTAL—
cannot be converted into conviction in revision 364(4)
judgment on 169(3)
order of, bar to further procedure 218
previous, effect of 138
” no bar to separate charge 139
” when consequences supervene 140
” where trial court not competent 141
to direct accused to be released 169(3)
” specify offence 169(3)
when no case to answer 210
ADDITIONAL EVIDENCE ON APPEAL 358

ADDITIONAL WITNESSES—
for defence 308

ADDRESS, refusing to give name and, arrest on 32

ADJOURNMENT—
non-appearance of parties after 206
of trial before subordinate court 205
” ” in High Court 283
” ” pending witness commission 158

ADVOCATE—
interpretation of evidence to 198(2)
may appear on summons to show cause 51
right of, to defend any person 193

AFFIDAVIT—
before whom sworn 390
of service 98

161 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

INDEX, A—continued
Section
AFFIRMATION, before whom sworn 390
ALIBI—
restriction on adducing evidence of 307(2)

AMENDMENT OF—
charge 214
information 275
order or warrant 346

ANALYST, GOVERNMENT-See GOVERNMENT

ANALYST.
APPEAL—
abatement of 360
additional evidence in 358
against order to pay costs 172
from appellate decision of High Court 361
” High Court 379
” ” ” against sentence 379
” ” ” bail pending hearing of 379(4)
” ” ” decision on appeal 361
” ” ” on certificate of Attorney-General 379(5)
” ” ” on question of fact 379
” ” ” on question of law 379
” order of forfeiture of recognizance 132
” order to give security 53(2)
from sentence of death 330, 379
” subordinate court 347
further evidence on 358
none from plea of guilty 348(1)
notice of time and place of hearing of 353
number of judges on 359
on fact as well as on law 347(2)
order on to be certified to lower court 355
petition of, form of 350(1)(2)
” ” provisions as to amendment of 350(2)
” ” when appellant in prison 351
powers of High Court on 354
rehearing of, when judges disagree 359(2)
release of appellant on bail pending 357

[Issue 1] 162
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, A—continued
Section
stay of execution pending entering of 356
summary allowance of 352 A
summary rejection of 352
suspension of sentence pending 357
time limit for 349
to Court of Appeal 221
to High Court 221, 347, 348 A

APPEARANCE—
of both parties 203
personal, magistrate may dispense with 51

APPELLANT
death of 360
in custody entitled to be present on appeal 354(4)
“ “ expenses to be payable by 354(5)
no revision when does not appeal 364(5)
notice of appeal to be given to 353
presence of, on appeal may be directed 354(5)
to be heard on appeal 352

ARRAIGNMENT 274

ARREST—
by magistrate 39
“ private person 34
“ “ “ disposal of person arrested 35(1)
“ subordinate officer 31
duty to assist magistrate or police in 42
for cognizable offence 34
“ felony 34
how made 21
in cases of escape or rescue 40, 41
no unnecessary restraint under 24
of habitual thief 30
“ judgment, motion in 276
“ “ trial of motion in 324
“ person designing cognizable offense 30(a)
“ “ outside jurisdiction, procedure on 112
“ “ refusing name and address 32

163 [Issue 1]
CAP. 75 [Rev. 2012]
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INDEX, A—continued
Section
power of magistrate to 38
“ “ without warrant 2
“ to seize offensive weapons on 28
search of woman on 27
search on 25
warrant required for 2
without warrant by officer in charge of police station 30
“ “ by police officer 29
“ “ detention of person arrested 36
“ “ disposal of person arrested 33
without warrant for injury to property 34(2)
“ “ police to report to magistrate 37

ARREST, WARRANT OF—

after issue of summons 100
contents of 102
direction to police officer, execution 106
duration of 102(3)
endorsed for security 103
endorsement for execution of, outside jurisdiction 111
execution of, outside jurisdiction 110
for breach of bond for appearance 115
form of 102
irregularities in 113
issue of, on Sunday 90(3)
manner of execution of 107
may be directed to landholder, etc 105
“ “ executed within Kenya 109
on complaint or charge on oath 90
“ disobedience of summons 101
person arrested to be taken before court 108
power to break into premises under 22
“ “ “ out of premises under 23
procedure on arrest of person outside jurisdiction 112
receipt for, from landholder, etc. 105
search of premises under 22
to be shown to person arrested 107
“ whom directed 104
where personal attendance directed on 99
complaint or charge on oath 99(2)

[Issue 1] 164
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, A—continued
Section
ASSAULT, indecent, conviction of, on charge of rape 184

ASSESSORS—
consultation between 322(4)
expenses of 394
judge not bound by opinion of 322(2)
retirement of 322(4)
summoning of 322(1)
to state opinion 322(1)
ATTEMPT, conviction of 180
ATTORNEY – GENERAL—
a public prosecutor 2
application for change of venue by 81
copy of grounds of appeal to 353
delegation of powers 83
leave of, when necessary for prosecution 143
magistrate to report offence on inquest to 387(4)
may appeal to High Court on acquittal by subordinate 348A
court
“ appoint public prosecutors 85
“ enter nolle prosequi 82
“ instruct withdrawal of prosecution 87
notice of application for change of venue to 81(4)
“ “ appeal to 353
power to revoke delegation 83
right to reply of 161
to be heard on appeal 354
“ have control over public prosecutors 85(3)
Autrefois—
acquit – See under Acquit, autrefois
convict - See under Convict, autrefois
B
BAIL—
admission to 123(1)
amount of 123(2)
except in murder and treason 123(1)
High Court may grant in any case 123(3)
release on appeal 357

165 [Issue 1]
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Criminal Procedure Code

INDEX, B—continued
Section
when accused of unsound mind 162(3)
“ name and address of person ascertained 32(2)
“ person arrested without warrant 36,123(1)

BAIL BOND—
appeal from and revision of orders on 132
conditions of 124
death of surety to 129
deposit in lieu of 126
discharge of sureties to 128
forfeiture of 131
High Court may direct levy on 133
person bound by absconding 130
power to increase 127
release on executing 125

BEHAVIOUR—
good, bond for 45
“ “ “ from habitual offenders 46

BOND—
arrest for breach of 115
except in murder or treason 123(1)
for good behaviour 45
“ “ “ contents of 56
“ keeping the peace 43
“ “ “ “ contents of 56
from persons disseminating seditious matter 44
“ suspected persons 45
none in case of murder or treason 36
on application for change of venue 81(5)
“ issue of warrant of arrest 103
power of High Court to cancel 60
“ “ “ “ to take, for appearance 114
when name and address of person ascertained 32(2)
“ person arrested without warrant 36, 123(1)

BREACH OF PEACE, duty to assist in suppressing 42(b)

BREAKING—
into premises under arrest warrant 22(2)

[Issue 1] 166
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, B—continued
Section
“ “ “ search warrant 120(2)
out of premises under arrest warrant 23
“ “ “ “ search warrant 120(2)
BURGLARY, conviction of kindred offence on charge of 187
C
CANAL, injury to, duty to aid in preventing 42(b)

CASE FOR DEFENCE—

additional witnesses for 308
opening 307
where accused adduces evidence of new matter 309
“ “ “ no evidence 311

CASE FOR PROSECUTION—

close of 306
cross-examination of witnesses for 302
evidence in reply 309
opening of 300
right of reply 310

CAUSE
summons or warrant to show 49

CAUTION TO ACCUSED 232

Cepi Corpus, return of, to writ of attachment 389(f)

CERTIFICATE OF MEDICAL OFFICER—

that accused capable of making defence 163(1)
“ “ “ “ “ receivable in evidence 164(2)
CERTIFICATE OF TRIAL JUDGE ON APPEAL 379(2)
CERTIFICATION—
of additional evidence on appeal 358(2)
“ order of High Court in revision 367
“ “ “ “ “ on appeal 355
CHARGE—
amendment of 214
formal, drawing up by magistrate 89(4)
“ refusal to admit by magistrate 89(5)
issue of summons on 90

167 [Issue 1]
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INDEX, C—continued
Section
“ “ warrant on 90
joinder of counts in 135
“ “ two or more accused in 136
making of 89
on oath for issue of warrant 90
proceedings not invalidated by absence of 90
“ “ “ “ defect in 90
rules for framing – See under INFORMATION 137
to be read to accused in court 207
“ contain statement of specific offence and
necessary
particulars 134
variance between and evidence 214, 235

CHIEF JUSTICE—
to direct sessions of High Court 70

CLERKS AND SERVANTS, stealing by 137(j)

CLOSE OF CASE FOR PROSECUTION 306
COGNIZABLE OFFENCE 2
arrest by private person for 34
police may arrest person designing 64
“ to prevent 62
“ “ report design to commit 63
COMMISSION—
for examination of witness 154
“ “ “ “ interrogatories on 155
“ “ “ “ adjournment of trial pending 158

COMMISSIONER OF POLICE, report of offence to, after

inquest 387(4)
COMMISSIONERS, prisoner required by 389(d)
COMMITMENT—
for non-payment, limitation of 342
“ want of distress 337
in lieu of distress 338
part payment after 340
payment in full after 339

[Issue 1] 168
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, C—continued
Section
COMMITTAL PROCEEDINGS—
in lunacy cases 162 to 164

COMPANY—
service of summons on 96
stealing by directors and officers of 137(j)

COMPENSATION—
how recoverable 174
payment of, from fine 175
to be specified in order 174
“ “ taken account of in civil suit 175(3)
COMPLAINANT—
expenses of 394
non-appearance of, at hearing 202
COMPLAINT— 89
issue of summons on 90
“ “ warrant on 90
making of 89(3)
meaning of 2
on oath for issue of warrant 90
proceedings not invalidated by absence of 90(2)
“ “ “ defect in 90(2)
refusal to admit by magistrate 89(5)
to be in writing and signed 89(3)
withdrawal of 204

CONFIRMATION—
by High Court 7, 12

CONTEMPT OF COURT, saving for, in case of 152

refractory witness

CONVICT—
autrefois, effect of plea of 138
“ no bar to separate charge 139
“ procedure on plea of 207(5), 279
“ when consequences supervene 140
“ when trial court not competent 141

169 [Issue 1]
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INDEX, C—continued
Section
CONVICTION—
charge of previous, in information 137(h)
drawing up of 217
in absence of accused, setting aside 206(2)
judgment on, contents of 169(2)
of attempt 180
“ endeavouring to conceal birth on charge of
murder, infanticide, etc 181(4)
“ false pretences on charge of stealing 188
“ infanticide on charge of murder 181(1)
“ killing of unborn child on charge of murder,
manslaughter, etc 181(2)
“ kindred offence on charge of defilement 186
“ ” ” ” ” ” rape 184
“ ” ” ” ” ” stock theft 190
“ ” ” ” ” ” relating to unlawful oaths 183
“ offence proved 179
“ procuring abortion on charge of killing unborn child 181(3)
“ receiving and possessing on charge of stealing 188
“ reckless driving on charge of manslaughter 182
“ stealing on charge of false pretences 189
On charge of burglary 187
previous, charge of, in information 277
“ effect of 138
“ how proved 142
“ no bar to separate charge 139
“ outside Kenya, how proved 142(3)
“ procedure on count of 277
“ proof of by certificate of prison officer 142(1)
“ “ “ “ copy of sentence or order 142(1)
“ “ “ “ finger prints 142(2)
“ “ “ “ warrant of commitment 142(1)
“ when consequences supervene 140
“ when trial court not competent 141
to specify offence, law and punishment 169(2)
copies of proceedings 392

[Issue 1] 170
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, A—continued
Section
COSTS—
against accused 171(1)
“ private prosecutor 171(2)
appeal against order to pay 172
how recoverable 174
to be specified in order 174
COURT—
contempt of, saving for, in case of refractory witness 152
general authority of 66
High – See HIGH COURT
language of 198
may combine sentences 12
“ order prisoner to be brought before it 116
COURTS, powers of 4, 5, 6, 7, 12, 14
COURT MARTIAL, prisoner required by 389(d)

COURT OF APPEAL—
appeal from High Court to 379
“ to, against sentence 379
“ “ “ of High Court on committal 221
“ “ from decision on appeal 361
“ “ on question of fact 379
“ “ “ “ “ law 379
procedure on appeal to 361
COURT, SUBORDINATE – See SUBORDINATE COURT.

CUSTODY, escape from lawful 40

D
DEATH—
sentence of, appeal to Court of Appeal 379
“ “ authority for detention on 331
“ “ execution of 332(3)
“ “ record of, to be sent to President 332
“ “ report to President on 332
“ “ right of appeal from 330, 379
sudden, inquiry in case of 385
“ of person in custody, inquiry in case of 387
warrant, to be issued by President 332(3)

171 [Issue 1]
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INDEX, D—continued
Section
DEATH SENTENCE, execution of 332(3)

DECISION OF HIGH COURT, power to reserve 327

DEFECT, in order or warrant 346

DEFENCE 211
absence of witness for 211(2)
accused incapable of making 162
additional witnesses for 308
may have judgment read 168
of lunacy at trial 166
opening of case for 307
right of advocate to undertake 193
where accused adduces evidence 309
“ “ “ no evidence 311
“ person charged is only witness 160
witness for 211

DELEGATION OF POWERS BY ATTORNEY-GENERAL 83

DELIVERY OF JUDGMENT—
mode of 168
in presence of accused 168

DEMEANOUR OF WITNESSES, magistrate to record 199

DEPOSIT IN LIEU OF RECOGNIZANCE 126

DETENTION OF PERSON ARRESTED WITHOUT 36
WARRANT
DIRECTORS AND OFFICERS OF COMPANIES, stealing 137(j)
by
DEPOSITIONS—
compliance with Evidence Act 157(2)
“ witness on commission 157
refusal to sign 152

DEPUTY PUBLIC PROSECUTOR—

a public prosecutor 2
may be empowered to enter nolle prosequi 83
“ “ “ “ sign information 83

[Issue 1] 172
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, D—continued
Section
DETENTION OF PROPERTY SEIZED UNDER SEARCH 121
WARRANT
DISCHARGE—
of accused person at trial before subordinate court 87
“ “ “ on entry of nolle prosequi 82
“ surety 128
DISMISSAL, summary, of appeal 352
DISPOSAL OF PERSON ARRESTED—
By police without warrant 33
“ private person 35
DISTRAINER not trespasser by reason of defect 383
DISTRESS FOR FINE, etc—
commitment for want of 337
“ in lieu of 338
levying of 334
not unlawful by reason of defect 383
DISTRESS ON FORFEITURE OF RECOGNIZANCE—
may be directed by High Court 133
warrant for 131
DOCUMENT— 137(e)
description of, in information
refusal to produce 152
DRAWING UP OF CONVICTION OR ORDER 217

ENGLISH— 198
interpretation to advocates in
language of High Court 198(4)

ESCAPE, capture of person 40

EVIDENCE—
additional in appeal 358
of alibi 307(2)
court may receive before sentence 329
for accused person 211
” rebuttal 212
” reply 212

173 [Issue 1]
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INDEX, E—continued
Section
interpretation of 198
manner of recording by High Court 201
” ” ” ” magistrate 197
may be taken in shorthand 197, 391
of person charged where only witness 160
partly by one magistrate and partly by another 200
to be in language of court 197(1), (a)
” ” ” narrative form 197(1), (b)
” ” on oath 151
to be read over request 197(3)
“ “ signed 197(1), (a)
“ “ taken down in writing or on typewriter 197(1), (a)
“ “ “ in presence of accused 194
variance between charge and 214
EVIDENCE ACT—
depositions complying with 157(2)
saving for 144(2)
EXAMINATION OF WITNESSES 150
EXECUTION OF DEATH SENTENCE 332
EXHUMATION IN CASE OF SUDDEN DEATH 387(2)
EXPENSES—
of assessors 394
“ complainants 394
“ prosecution, payment of, from fine 175
“ witnesses 394
F
FACT—
appeal to Court of Appeal on 379
” ” High Court on 347
when matter for judge 313(1)(c)
” no appeal to Court of Appeal on 361
FAILURE OF JUSTICE, irregularity causing 382
FALSE PRETENCES—
conviction of, on charge of stealing 188
” ” stealing on charge of 189
FARMER—
receipt of warrant to be given by 105(2)
warrant may be directed to 105(1)

[Issue 1] 174
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, F—continued
Section
FELONY—
arrest by private person for 34
non-appearance of accused on charge of, after 206
adjournment
proved on trial of misdemeanour 192
FINE—
attachment for, objections to 335
levy on movable property first 334(1)
payment from, of compensation 175
“ “ of costs of prosecution 175
“ on levy of 334(2)
warrant for levy of 334
FINDING—
of guilty but insane 166(1)(a)
” ” ” ” to be reported to President 166(1)(b)
FINGER PRINTS, proof of previous conviction by 142
FOREIGNERS, offences by, within territorial waters 143

FORFEITURE OF GOODS, procedure on 389 A

FORM OF ORDER FOR SECURITY 47
FORMS 393
G

GOOD BEHAVIOUR—
bond for 45
” ” from habitual offenders 46
” ” persons disseminating seditious matter 44
GOVERNMENT OFFICIAL, service of summons on 95
GUILTY –
but insane 166
” ” to be reported to President 166
no appeal from plea of 348, 379(3)

plea of, in subordinate court 207(2)

” ” ” High Court 281
H
Habeas Corpus—
power to issue 389(1)
High Court may make rules for 389(2)

175 [Issue 1]
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INDEX, H—continued
Section
HABITUAL OFFENDER, bond for good behaviour from 46
HABITUAL THIEF, power to arrest 30
HIGH COURT—
appeal from, against sentence 379
” ” appellate decision of 361
” ” in death sentence 379
” ” on question of fact 379
” ” ” ” ” law 379
” ” order to give security 53(2)
” ” subordinate court 347
” ” to Court of Appeal 379
” to 347
” abatement of 360
” from forfeiture of recognizance 132
” further evidence on 358
” limitation of time for 349
” none for imprisonment in default 348
” ” ” security to keep peace, when 348
” ” from plea of guilty 348
” ” in petty cases 348
” notice of time and place of hearing of 353
” number of judges on 359
” on fact as well as on law 347
” order on, to be certified to lower court 355
” petition of 350
” ” ” when appellant in prison 351
” powers of High Court on 354
” rehearing of, when two judges disagree 359
” release of appellant on bail pending 357
” suspension of sentence pending 356
committal for sentence to 221
confirmation by 7, 12
cross-examination of witnesses for prosecution in 302
hearing parties on revision 365

[Issue 1] 176
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, H—continued
Section
jurisdiction of 69
language of 198(4)
may approve forms 393
” direct levy on recognizance 133
may grant or reduce bail 123(3)
” ” witness commission to magistrate 156
” issue witness commission 154
” make rules for criminal information 84(3)
” pass any sentence 6
” postpone or adjourn proceedings 283
” remit or reduce fine on witness 149(4)
number of judges in revision 366
order of, in revision to be certified 367
power of, in revision 364
” to call for records 362
” ” cancel bond 60
” ” change venue 81
” ” determine questions arising in course of trial 327(2)
” ” grant bail 123(3)
” ” issue habeas corpus 389
” ” reserve decision on question raised at trial 326
” ” ” questions arising in course of trial 327(1)
” of, under laws other than Penal Code 5
” ” where evidence not recorded by convicting 200(1), proviso(ii)
magistrate
record of evidence in 201
reference to, on failure to give security 58(2)
registrar to give notice of sittings of 70(2)
return of witness commission to 157
revision by, of order for forfeiture of recognizance 132
saving power of 3(3)
sentences of 6
sessions of 70
shorthand notes in 391
subordinate court may report to 363(2)
to sit in open court 77
“ decide place of trial where doubt 76
“ make order where accused does not understand 167
proceedings
“ send record in capital case to President 332

177 [Issue 1]
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INDEX—continued
Section
when judges divided in revision 366
I
IMPRISONMENT—
for non-payment, limitation of 342
suspension of sentence of, for non-payment 336
warrant of 333
when to commence 333
in Camera, power to order trial 77
INDECENT ASSAULT, conviction of, on charge of rape 184

INFORMATION—
amendment of 275(2), (3)
charge of previous convictions in 137(h)
counts to be numbered 137(a)(v)
defective 275(2)
description of documents in 137(e)
” ” persons in 137(e)
” ” property in 137(c)
discharge from, on motion in arrest 324(3)
figures and abbreviations may be used in 137(i)
formal objection to 275(1)
general rule as to description in 137(f)
gross sum may be specified in 137(j)
joinder of counts in 135
” ” two or more accused in 136
objection to 275(1)
” ” want of service of 274
of statutory offence 137(b)
pleading to 274
postponement of trial on 275(5)
quashing of 276
rules for framing 137
separate trial on 275(4)
statement of alternatives in 137(b)
” ” intent in 137(g)
sworn, as to breach of peace 43
” ” ” dissemination of seditious matter 44
” ” ” habitual offender 46

[Issue 1] 178
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, I—continued
Section
” ” ” inquiry as to truth of 52
” ” ” suspected person 45
time for objection to 275(1)
to be read to accused 274
” commence with statement of offence charged 137(a)(i)
” contain particulars of offence 137(a)(iii)
” ” statement of offence 137(a)(ii)
” ” ” ” specific offence and necessary 134
particulars
” follow forms in Second Schedule 137(a)(iv)
INJURY—
to carnal, duty to assist in preventing 42(b)
” property, arrest without warrant for 34(2)
” public property, duty to assist in preventing 42(b)
” railway, duty to assist in preventing 42(b)
” telegraph, duty to assist in preventing 42(b)
INQUEST—
Attorney-General may direct holding of 388(1)
” ” ” ” reopening of 388(2)
exhumation in 387(2)
magistrate empowered to hold 385
medical examination in 386(2)
on person dying in custody 387(1)
police duties in case of 386
” report in 386(3)
powers of arrest in 387(3)
procedure where offence disclosed 387(4)
” ” no offence disclosed 387(5)
rules regarding 386(2)
INQUIRES – See INQUEST.
INSANE—
special finding of guilty but 166
” ” ” ” ” to be reported to President 166
INSTALLMENTS, payment by 336(3)
INTENT, statement of, in information 137(g)
INTERROGATORIES, for examination of witness on
commission 155(1)
INVESTIGATION, PRELIMINARY – See PRELIMINARY
INQUIRY.

179 [Issue 1]
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INDEX, I—continued
Section
IRREGULARITY IN PROCEEDINGS 380
J
JOINDER OF CHARGES 135
JUDGE—
not bound by opinions of assessors 322(2)
number of, in revision 366
” ” on appeal 359
power to order trial in camera 77
to send report to President on death sentence 332(1)

JUDGMENT—
copy of, to be given to accused 170
mode of delivery of 168
motion in arrest of 276, 324
to be dated and signed 169
” ” delivered in presence of accused 168(2)
” ” read on request 168(1)
” ” written in language of court 169(1)
” contain decision and reasons 169(1)
” direct accused be set at liberty if acquitted 169(3)
” specify offence of which acquitted 169(3)
” ” ” ” ” convicted 169(2)
” ” punishment 169(2)
” ” section of law 169(2)
trial of motion in arrest of 324
validity of when due notice not given 168(3)
” ” ” party absent 168(3)
JURISDICTION—
endorsement for execution outside 111(1)
High Court to decide 76
procedure on arrest of person outside 112
service out of 97
transfer where offence outside 78
warrant for execution outside 110
where act done and consequences ensue 72
” offence connected with another offence 73
” ” committed on journey 75
” place of offence uncertain 74
JUSTICE, irregularity causing failure of 382

[Issue 1] 180
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX—continued
K
KEEPING THE PEACE—
security for 43
” ” no appeal from 348
L
LAND HOLDER—
receipt for warrant to be given by 105(2)
warrant may be directed to 105(1)
LANGUAGE OF THE COURT 197, 198
LAW –
appeal on question of 361
” to Court of Appeal on 361, 379
” ” High Court on 347
LAWFUL CUSTODY, escape from 40

LEVY OF FINE, ETC.—

payment on 334(2)
warrant for 334
LIMITATION—
of imprisonment for non-payment 342
” time – See TIME.
period of, for summary trials 219
LUNACY—
defence of, at trial 166
of accused, procedure in case of 162
LUNATIC—
capable of making defence 163, 164
President may order confinement of 162,166(1)(c),280(2)
recovery of, procedure on, where detained under section 163
162 or 280
resumption of committal proceedings or trial 164
on recovery of
M
MAGISTRATE—
arrest by 39
decision of 215
duties of, if accused absent after adjournment 206
” ” ” ” ” if charge one of felony 206
” ” ” ” pleads guilty 207(2)

181 [Issue 1]
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INDEX, M—continued
Section
” ” ” ” refuses to plead 207(4)
” ” ” complainant withdraws complaint 204
” ” to adjourn for accused’s witnesses 211(2)
” ” ” ask accused to question witness 208(3)
” ” ” call on defence 211
” ” ” cause evidence to be read over on 197(3)
request
” ” ” dismiss if no case made out 210
” ” ” draw up conviction or order 217
” ” ” explain order to show cause 48
” ” ” record demeanour of witnesses 199
” ” ” report offence on inquest to Attorney- 387(4)
General
” ” ” sign evidence 197
” ” ” take evidence in narrative form 197(1)(b)
” ” ” ” ” ” language of court 197(1)(a)
” ” ” ” ” ” writing 197(1)(a)
” ” ” tell accused of his rights to have any 211(1)
witness
” ” ” ” convicted person of right to appeal 347(1)
” ” when complainant absent 202
” ” ” the parties appear 203
duty to assist, in arrest by 42
” ” ” ” preventing injury to public property 42
” ” ” ” suppressing breach of peace 42
empowered to hold inquest 385
form of order for security by 47
length of adjournment 205
manner of recording evidence by 197
may amend charge 214
” apply to High Court for witness commission 156
” continue case begun by another 200
” direct record be taken in shorthand 197(2)
” order transcript of shorthand record 197(2)
” order trial in camera 77
” record question and answer 197(1)(b)
” take security for good behaviour 45
” ” ” ” keeping the peace 43
” ” ” from habitual offenders 46

[Issue 1] 182
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, M—continued
Section
” ” ” ” persons disseminating seditious 44
matter
offence committed in presence of 38
police to report arrest without warrant to 37
powers of adjournment 205
” ” arrest of 38, 39
” ” in inquest 387(1)

MANSLAUGHTER—
triable by subordinate court First Schedule
MATTER OF FACT—
appeal to Court of Appeal on 379
” ” High Court on 347(2)
when no appeal to Court of Appeal on 361

MATTER OF LAW—
appeal to Court of Appeal on 361, 379
” ” High Court on 347

MAXIMUM SENTENCE ON CONVICTION OF SEVERAL

OFFENCES
14
MEDICAL OFFICER—
certificate of, receivable in evidence 164(2)
” that accused capable of making defence 163
to hold post-mortem examination in case of sudden 386(2)
death
MINISTER—
may appoint finger print officers 142(2)
” make rules regarding expenses of assessors, etc 394
” ” ” ” post-mortem examination 386(2)
” prescribe finger print certificate 142(2)
MINOR OFFENCE, limitation of time for trial 219

MISDEMEANOUR, felony proved on trial of 192

MOTION—
in arrest of judgment 276, 324
to quash information 276
MURDER—
bail may not be granted in cases of 123(3)
no security on issue of warrant for 103

183 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

INDEX, M—continued
Section
not triable by subordinate court First Schedule
police officer may not release on bond for 36

N
NAME AND ADDRESS, refusing to give, arrest on 32
NAVIGATION MARK, police to prevent injury to 65
Nolle Prosequi—
Attorney-General may enter 82
consequences of 82
power to enter may be delegated 83
procedure when entered 82
NON-APPEARANCE—
of complainant 202
” parties after adjournment 206
NON-COGNIZABLE OFFENCE 2
NON-PAYMENT, limitation of imprisonment for 342
NOT GUILTY—
plea of, in High Court 278
” ” in subordinate court 207(3)
procedure on plea of, in High Court 282
” ” ” ” in Subordinate court 208
refusal to plead in High Court 280
” ” ” in subordinate court 207(4)
O
OATH—
complaint or charge on, for warrant 90
evidence to be given on 151
information on, as to breach of peace 43
” ” ” habitual offenders 46
” ” ” persons disseminating seditious 44
matter
” ” ” suspected persons 45
” ” inquiry as to truth of 52
Power of court to administer 151
OBJECTION—
to form of information 275
” ” ” when to be made 275
” service of information 274

[Issue 1] 184
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, O—continued
Section
OFFENCE—
cognizable 2
” arrest by private person for 34
” police may arrest person designing 64
” ” officer to prevent 62
” ” to report design to commit 63
committed in presence of magistrate 38
non-cognizable 2
particulars of, in information 134, 137(a)(iii)
proved, conviction of 179
statement of, in information 134, 137(a)(i), (ii)
statutory, in information 137(b)
OFFENCES—
by foreigners within territorial waters 143
” which court triable First Schedule
prevention of 43 to 65
under law other than Penal Code, powers of courts 5(1)
regarding
” ” trial of 3(2)
” Penal Code, powers of courts regarding 4
” ” ” trial of 3(1)
OFFENDERS—
habitual, bond for good behavior from 46
OFFENSIVE WEAPONS, power to seize on arrest 28
OFFICER IN CHARGE OF POLICE STATION—
arrest by subordinate of 31
may arrest without warrant 30
meaning of 2
to give information of sudden death 386
” report arrests to magistrate 37
OFFICIAL, service of summons on 95
OFFICIAL RECORD, transcript of shorthand notes the 391
ORDER—
defect in 346
drawing up of 217
of acquittal, bar to further proceedings 218
” speeches 213
to give security 53

185 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code

INDEX, O—continued
Section
” ” ” appeal from 53(2)
” show cause 47
OWNER OF PROPERTY MAY ARREST FOR INJURY
THERETO
34(2)
P
PARDON—
President may issue 332(3)
procedure where alleged 279
PAYMENT—
by installments 336(3)
in full, after commitment 339
” part, after commitment 340
PEACE—
breach of, duty to assist in suppressing 42(b)
security for keeping 4
PENAL CODE—
offences under 4
powers of High Court regarding 4
” ” subordinate court regarding 4
trial of offences under 3(1)

PERIOD OF LIMITATION FOR SUMMARY TRIALS 219

PERSON—
arrested by police officer, disposal of 33
” ” private person, disposal of 35
” without warrant, detention of 36
” ” ” disposal of 33
description in information 137(d)
private, arrest by 34
private, disposal of person arrested by 35
subject to police supervision, failure of to comply with 345
requirements
PERSONAL ATTENDANCE—
of accused, may be dispensed with 99
to show cause, may be dispensed with 51
PETITION OF APPEAL—
form of 350
when appellant in prison 351

[Issue 1] 186
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, P—continued
Section
PIRACY, prosecution for, not affected by section 143 143(1), proviso (iii)
PLACE OF INQUIRY AND TRIAL—
High Court to decide where doubtful 76
ordinarily 71
where act done or consequences ensure 72
” offence committed on a journey 75
” ” connected with another offence 73
” place of offence uncertain 74

PLEA OF GUILTY- See GUILTY.

PLEAD—
accused to be called upon to, in subordinate court 207(1)
refusal to, in High Court 280
‘‘ ‘‘ in subordinate court 207(4)
PLEA OF NOT GUILTY – See NOT GUILTY.
POLICE—
custody, on adjournment 205
preventive action of 62 to 65
POLICE OFFICER—
arrest by subordinate 31
death of person in custody of 387
duties of, on arrest by private person 35
” ” when person arrested without warrant 36
duty to assist in arrest by 42
” ” ” ” preventing injury to public property 42
” ” ” ” suppressing breach of peace 42
execution of warrant directed to 106
manner of arrest by 21
may arrest person designing cognizable offence 64
” break into premises under arrest warrant 22(2)
” ” out of premises under arrest warrant 23
” search person arrested 25
” seize offensive weapons on arrest 28
meaning of 2
powers of arrest without warrant 29
” ” to grant bail 123
” where arrest resisted 21
procedure on arrest of person outside jurisdiction 112

187 [Issue 1]
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INDEX, P—continued
Section
” ” warrant for execution outside jurisdiction 111
requires warrant to arrest for non-cognizable offence 2
release by, on bond 36
search by, under arrest warrant 22
to bring person arrested before court 108
” prevent cognizable offences 62
” ” injury to public property 65
” report design to commit cognizable offence 63
” ” sudden death 386
” send body to medical officer 386(2)
” show warrant of person arrested 107
” take person arrested without warrant before 33
magistrate warrants directed to 104
POLICE STATION—
meaning of 2
officer in charge of 2
POST-MORTEM EXAMINATION, in case of sudden death 386(2)
PREMISES—
power to break into under arrest warrant 22(2)
” ” ” out of under arrest warrant 23
PRESIDENT—
capital case to be reported to 332
finding of guilty but insane to be reported to 166(1)(b)
High Court to send record of capital case to 332(1)
May issue pardon 332(3)
” order lunatic to be confined 162, 166
to consider capital case 332(2)
” issue death warrant, commutation or pardon 332(3)
PRESIDENT’S PARDON—
plea of in High Court 279
” ” ” subordinate court 207(5)
PREVENTION OF OFFENCES 43 to 65
PREVIOUS ACQUITTAL—
effect of 138
no bar to separate charge 139
when consequences supervene 140
” trial court not competent 141
PREVIOUS CONVICTION—
charge of, in information 137(h)

[Issue 1] 188
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, P—continued
Section
effect of 138
how proved 142
no bar to separate charge 139
outside Kenya, how proved 142(3)
procedure in case of 277
proof of by certificate of prison officer 142(1)(b)
” ” ” copy of sentence or order 142(1)(a)
” ” ” finger prints 142(2)
” ” ” warrant of commitment 142(1)(b)
when consequences supervene 140
” trial court not competent 141
PRISON, petition of appeal when appellant in 351
PRISON OFFICER—
certificate of, of previous conviction 142(1)(b)
duty of, when part payment made 340(2)
to produce prisoner on order of court 116, 148
” release person bailed 125
PRISONER—
court may order production of 116
” ” ” ” ” for examination 148
inquiry in case of death of 387
removal of, for purposes of trial 389(e)
required as witness before High Court 389(d)
” by commissioners 389(c)
” ” court martial 389(d)
PRIVATE PERSON—
arrest by 34
disposal of person arrested by 35
PRIVATE PROSECUTOR—
costs against 171
meaning of 171(4)
PROCEEDINGS—
copies of, right to 392
irregularity in 382
validity of, where accused not called upon 323
” ” ” complaint or charge defective 90 (2)
” ” ” irregularity in warrant 113
” ” ” no complaint or charge made 90(2)

189 [Issue 1]
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INDEX, A—continued
Section
PROPERTY—
description of, in information 137(c)
injury to, arrest without warrant for 34(2)
owner of, may arrest for injury to 34(2)
public, duty to assist in preventing injury to 42(b)
” police to prevent injury to 65 restitution of 177, 178
seized under search warrant, detention of 121
stolen, restitution of 178
PROSECUTION—
close of case for 306
cross-examination of witnesses for 302
expenses of 175
withdrawal of 87, 88(2)
PUBLIC PROSECUTOR—
may prosecute without permission of magistrate 88
meaning of 2
power of Attorney-General to appoint 85
powers of 86
subject to directions of Attorney-General 85(3)
withdrawal from prosecution by 87
Q
QUASHING OF INFORMATION 276
QUESTION—
and answer, magistrate may record 197(1)(b)
of fact – See FACT.
of law – See LAW.
power to reserve 327
refusal to answer 152
R
RAILWAY—
injury to, duty to assist in preventing 42(b)
official, service of summons on 95
RAPE—
conviction of kindred offence on charge of 184
no security on issue of warrant for 103
REBUTTAL, evidence in 212
RECALL OF WITNESS 150

[Issue 1] 190
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, A—continued
Section
RECEIPT—
for service of summons 92(2)
” ” ” ” on official 95
” substituted service of summons 93

RECEIVING—
conviction of, on charge of stealing 188
RECOGNIZANCE—
appeal against forfeiture of 132
deposit in lieu of 126
forfeiture of 131
High Court may direct levy on 133
on arrest of witness under warrant 147
personal 123, 124, 125
RECORD—
High Court may call for, of subordinate court 362
subordinate court may call for, of inferior class court 363(1)
” ” ” forward to High Court 363(2)
may be taken in shorthand 197(2)
of evidence in High Court 201
” proceedings before subordinate court 19
shorthand notes of proceedings 197, 391

EXAMINATION OF WITNESS 150

REFRACTORY WITNESS 152
REFUSAL—
to answer question 152
” ” sworn 152
” give name and address, arrest on 32
” plead in High Court 280
” ” ” subordinate court 207(4)
” produce document, etc 152
” sign deposition 152
REGISTRAR OF HIGH COURT, to give notice of sittings 78
REMAND—
in High Court 283
“ subordinate court 205
REMOVAL OF ACCUSED PERSON UNDER WARRANT 68

191 [Issue 1]
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INDEX, R—continued
Section
REPLY—
evidence in 212, 309
of prosecutor 161, 310
right of 161
” ” Attorney-General and Solicitor-General 161
RESERVE—
decision, power to 326
question, power to 327
RESTITUTION—
of property 177, 178
” stolen property 178
RESTRAINT, no unnecessary, on arrest 24
RETURN OF cepi corpus to writ of attachment 389(1)(f)
REVISION—
accused person to be heard in 364(2)
acquittal cannot be converted into conviction on 364(4)
hearing parties in 365
none where appeal not brought 364(5)
number of judges in 366
of order for forfeiture of recognizance 132
order, in to be certified to lower court 367
powers of High Court in 364
where judges divided in 366
RIGHT OF REPLY – See REPLY.
RULES—
Chief Justice may make, for habeas corpus 389
” ” ” ” for recording evidence 201
High Court may make, for criminal information 84(3)
S
SEARCH—
of aircraft, vessel, person, etc 26
” person arrested 25
” ” under search warrant 120(3)
” woman arrested 27
” ” under search warrant 120(4)
SEARCH WARRANT—
detention of property seized under 121
execution of 119

[Issue 1] 192
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, S—continued
Section
free ingress under 120
issue of 118
may be executed on Sunday 119
” ” issued on Sunday 119
on premises occupied by woman 120(4)
power to break in under 120(2)
provisions of Code applicable to 122
SECURITY—
for good behaviour 44, 45, 46
” keeping peace 43
form of order, to show cause 47
may be directed on issue of warrant of arrest 103
order to show cause to be read over 48
” ” give 53(1)
” ” ” appeal therefrom 53(2)
procedure on failure to give 58
to keep peace, when no appeal from 348
SENTENCE—
accused to be called upon before 323
after judgment by another magistrate 200(2)
appeal against, to Court of Appeal 379
committal to High Court for 221
court may take evidence before 216, 329
of death – See DEATH – sentence of
” imprisonment – See IMPRISONMENT.
” High Court 6
” subordinate court of 1st class 7
nd
” ” ” ” 2 class 7
rd
” ” ” ” 3 class 7
” ” ” ” Senior Magistrate or Resident 7
Magistrate
suspension of, on appeal 357
time for 325
warrant for execution of, who may issue 341
SENTENCES—
maximum on conviction of several offences 14
on conviction of several offences 14
power of court to combine 12
SENTENCE OF DEATH – See DEATH – sentence of.

193 [Issue 1]
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INDEX, S—continued
Section
SERVICE—
affidavit of 98
by affixing summons to house 94
of summons 92
on company 92
” official 96
out of jurisdiction 95
receipt for 97
substituted 93, 94
when person cannot be found 93
SETTING ASIDE CONVICTION IN ABSENCE 206(2)
OF ACCUSED
SETTLEMENT, court may encourage, for assault 176

SHORTHAND NOTES—
of High Court proceedings 391
transcript of, the official record 391
SOLICITOR-GENERAL—
a public prosecutor 2
has right of reply 161
may be empowered to enter nolle prosequi 83
” ” ” ” sign informations 83
SPECIAL FINDING OF GUILTY BUT INSANE 166(1)(a)
to be reported to President 166(1)(b)
SPEECHES, order of 213
STATE COUNSEL – a public prosecutor 2
may be empowered to enter nolle prosequi 83
” ” ” ” sign informations 83
STEALING—
conviction of false pretences on charge of 188
” ” on charge of false pretences 189
” ” receiving on charge of 188
STOLEN PROPERTY, restitution of 187
SUBORDINATE COURT—
appeal from 347
High Court may call for records of 362
language of 198(4)
magistrate may call for records of, of lower class 363(1)

[Issue 1] 194
[Rev. 2012] CAP. 75
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INDEX, S—continued
Section
may forward record to High Court 363(2)
order on revision to be certified to 367
period of limitation in 219
power to commit to High Court for sentence 221
” ” ” ” Resident Magistrate’s Court for 221
sentence
powers of sentencing 7, 12, 14
” ” under law other than Penal Code 4
” ” ” Penal Code 5
revision of proceedings of 364
to carry out orders on appeal 355(2)
” certify further evidence for appeal 358(2)
” take further evidence for appeal 358
SUBORDINATE POLICE OFFICER, arrest by 31
SUBPOENA FOR WITNESS 144
SUBSTITUTED SERVICE OF SUMMONS 93, 94
SUDDEN DEATH—
exhumation in case of 387(2)
inquiry in case of 385
SUMMARY REJECTION OF APPEAL 352
SUMMARY TRIAL—
meaning of 2
period of limitation for 219
SUMMONS—
affidavit of service of 98
disobedience of 101
dispensing with personal attendance on 99
for witness 144
” ” warrant for disobedience of 145
form and contents of 91
issue of, on complaint or charge 90
” ” ” Sunday 90(3)
” ” warrant after 100
provisions applicable to 117
receipt for 92(2)
service of 92
” ” by affixing to house 94

195 [Issue 1]
CAP. 75 [Rev. 2012]
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INDEX, S—continued
Section
” ” on company 96
” ” on official 95
” ” outside jurisdiction 97
” ” where person cannot be found 93
substituted service of 93, 94

SUNDAY—
execution of search warrant on 119
issue of search warrant on 119
” ” summons or warrant on 90(3)
SURETIES—
death of 126
discharge of 61, 128
estate not liable on death of 129
forfeiture of recognizance 131
insufficient 127
may appeal from order of forfeiture 132
” apply for discharge 128
” be imprisoned on forfeiture 131(4)
on bail bond 124
order to find sufficient 127, 128(3)
power to reject 57
SUSPECTED PERSONS, security for good behaviour from 45
SUSPENSION OF SENTENCE ON APPEAL 357
SWORN INFORMATION—
as to breach of peace 43
” ” habitual offenders 46
” ” persons disseminating seditious matter 44
” ” suspected persons 45
inquiry as to truth of 52
T
TELEGRAPH, injury to, duty to assist in preventing 42(b)

TERRITORIAL WATERS—
definition of 143(1)
offences by foreigners within 143
THIEF, habitual, power to arrest 30(c)
TIME—

[Issue 1] 196
[Rev. 2012] CAP. 75
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INDEX, T—continued
Section
for appeal 349
” objection to information 275(1)
limitation of, for trial of minor offence 219
limited for appeal 349
TRANSCRIPT, if shorthand notes the official record 391
TRANSFER—
after commencement of trial 80
between magistrates 79
on order of High Court 81
warrant of 78(2)
where offence committed outside jurisdiction 78
TRANSLATION OF JUDGMENT, to be given to accused 170
TREASON—
bail may not be granted in cases of 123(3)
no security on issue of warrant for 103
not triable by subordinate court First Schedule
police officer may not release on bond for 36
TRESPASSER, when distrainer not 383
TRIAL—
adjournment of, in High Court 283
” ” ” subordinate court 205
” ” pending witness commission 158
committal for–
defence of lunacy on 166
of motion in arrest of judgement 324
” offences under law other than Penal Code 3(2)
” ” ” Penal Code 3(1)
on information, postponement of 275(5), (6)
ordinary place of 71
place of, High Court to decide, where doubt 76
” ” where act done or consequences ensue 72
” ” ” offence committed on a journey 75
” ” ” ” connected with another offence 73
” ” ” place of offence uncertain 74
separate, on information, in High Court 275(4), (6)
” procedure on, in High Court 275(6)
summary, defined 2
” period of limitation for 219
transfer after commencement of 80

197 [Issue 1]
CAP. 75 [Rev. 2012]
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INDEX—continued
Section
U
UNLAWFUL, distress, when not 383
V
VAGABOND, power to arrest 30
VALIDITY OF—
judgment, when due notice not given 168(3)
” ” party absent 168(3)
order or warrant 346
proceedings –
Where accused not called upon 323
” complaint or charge defective 90(2)
” irregularity in warrant 113
” no complaint or charge made 90(2)
VARIANCE BETWEEN CHARGE AND EVIDENCE,
summary trial 214
VENUE—
application for change of 81
High Court to decide where doubt 76
mistake in 380
notice to Attorney-General on application for change of 81(4)
ordinary 71
power of High Court to change 81
transfer of, after commencement of trial 80
” ” between magistrates 79
” ” where no jurisdiction 78
where act done and consequences ensue 72
” offence committed on a journey 75
‘‘ ” connected with another offence 73
‘‘ place of offence uncertain 74
W
WARRANT—
after issue of summons 100
arrest without, for injury to property 34(2)
” ” by police, procedure on 33
” ” of person, designing cognizable offence 64
defect in 346
detention of person arrested without 36
disposal of person arrested without 33

[Issue 1] 198
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, W—continued
Section
for levy of fine, etc. 334
” removal of accused person 68
” witness disobeying summons 145
” ” in first instance 146
issue of, on complaint and charge 90
of arrest, after issue of summons 100
” ” contents of 102
” ” directed to police officer, execution of 106
” ” duration of 102
” ” endorsed for security 103
” ” endorsement for execution outside 111
jurisdiction
” ” execution of, outside jurisdiction 110
” ” for breach of bond for appearance 115
” ” form of 102
” ” irregularities in 113
” ” issue of, on Sunday 90(3)
” ” manner of execution of 107
” ” may be directed to landholder, etc 105
” ” ” ” executed anywhere in Kenya 109
” ” on disobedience of summons 101
” ” person arrested to be taken before court 108
” ” police officer’s power to arrest without 29
” ” power to break into premises under 22(2)
” ” ” ” ” out of premises under 23
” ” procedure on arrest of person outside 112
jurisdiction
” ” receipt for, from landholder, etc. 105(2)
” ” search of premises under 22
” ” to be shown to person arrested 107
” ” ” whom directed 104
” commitment, as proof of previous conviction 142(1)(b)
” distress, on forfeiture of recognizance 131(2)
” ” ” ” ” ” execution of 131(3)
” imprisonment 333(1)
” ” when effective from 333(2)
on disobedience of summons, on complaint on oath 101
” transfer of case 78(2)
powers of arrest without 29 to 32, 34

199 [Issue 1]
CAP. 75 [Rev. 2012]
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INDEX, W—continued
Section
provisions applicable to 117
required for arrest 2
search, detention of property seized under 121
” execution of 119
” free ingress under 120
” may be issued on Sunday 119
” on premises occupied by woman 120(4)
search, power to break in under 120(2)
” ” ” issue 118
” provisions applicable to 122
to show cause 49
where personal attendance directed 99(2), (4)
witness, arrest of under 146
” arrest under, mode of dealing with 147

WATERS, TERRITORIAL—
definition of 143(1)
offences by foreigners within 143
WEAPONS, OFFENSIVE, power to seize on arrest 28

WITHDRAWAL—
of complaint 204
from prosecution in trial before subordinate court 87, 88(2)
WITNESS—
additional for defence 308
arrest under warrant 146
arrested under warrant, mode of dealing with 147
commission, adjournment of trial pending 158
” for examination of 154
cross-examination of prosecution, in High Court 302
” ” ” ” ” subordinate court 208(2)
demeanour of, magistrate to record 199
disobeying summons, warrants for 145
evidence to be on oath 151
examination by interrogatories 155(1)
” of 150
” of prisoner as 148
expenses of 394
for defense 211

[Issue 1] 200
[Rev. 2012] CAP. 75
Criminal Procedure Code

INDEX, W—continued
Section
” ” absence of 211(2)
” ” person charged the only 160
High Court may reduce or remit fine on 149(4)
magistrate may apply for commission for 156
may request evidence to be read over 197(3)
non-attendance of 149
power to administer oath to 151
” ” examine 150
” ” recall and re-examine 150
” ” summon 150
prisoner required as 389(c)
re-examination of 150
refractory 152
” ” answer question 152(1)(b)
” ” be sworn 152(1)(a)
” ” produce document, etc. 152(1)(c)
” ” sign deposition 152(1)(d)
return of commission to High Court 157
summons for 144
warrant for, in first instance 146
WOMAN—
search of 27
” ” under search warrant 120(4)
WOMAN’S QUARTERS, pursuit of person in 22(2)
WRIT OF ATTACHMENT, return of cepi corpus to 389(f)

201 [Issue 1]
[Rev. 2012] CAP. 75
Criminal Procedure Code
[Subsidiary]

CHAPTER 75

CRIMINAL PROCEDURE CODE

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page
1. Public Prosecutors Appointed Under Section 85(1) ................................... 205
2. Criminal Procedure (Directions in the Nature of Habeas Corpus) Rules, 1948 209
3. Criminal Procedure (Remuneration of Witnesses and Assessors) Rules, 1948 213
4. Criminal Procedure (Record of Evidence in the High Court) Rules, 1958 .... 215
5. Criminal Procedure (Appeal from Refusal of Bail) Rules, 1959 .................. 217
6. Criminal Procedure (Expert Witnesses Fees) Rules,1961 ......................... 219
7. Persons Exempted from Liability to Serve as Assessors, under
Section 266(K), 1963 ................................................................................. 221
8. Criminal Procedure (Police Supervision) Rules, 1966 ............................... 223

203 [Issue 1]
[Rev. 2012] CAP. 75
Criminal Procedure Code
[Subsidiary]

PUBLIC PROSECUTORS APPOINTED UNDER SECTION 85(1)

Appointments of Individual Persons by Name are not Referenced

All police officers, other than administration police officers, of the rank of Assistant
Inspector or above are appointed public prosecutors for Kenya generally.
[L.N. 234/1972.]
The officers designated in the Schedule hereunder are appointed public prosecutors,
in any district in which a park or reserve, or any part of a park or reserve, mentioned in
that Schedule is situated, for offences under the Wildlife (Conservation and Management)
Act (Cap. 376) or under subsidiary legislation made thereunder.
[G.N. 1424/1957, G.N. 1664/1960.]

SCHEDULE
The Director, National Park of Kenya.
The Warden, Aberdare National Park.
The Warden, Amboseli National Park.
The Warden, Nairobi National Park.
The Warden, Marsabit National Reserve.
The Warden, Mt. Kenya National Park.
The Warden, Tsavo National Park (East).
The Warden, Tsavo National Park (West).
The several persons holding the offices and appointments specified in the first
column of the Schedule hereunder are appointed public prosecutors for Kenya for
offences under the Acts, or under the provisions of Acts, as the case may be, respectively
specified in relation to those persons in the second column of that Schedule, and offences
under any subsidiary legislation made thereunder.
[L.N. 7281/1961, L.N. 343/1966, L.N. 256/1972, L.N. 179/1981.]

Offices Acts or provisions of Act

Sections 129, 243(c), (g) and (h),
Labour Commissioner. 244 and 266 of the Penal Code
Deputy Labour Commissioner. (Cap. 63).
Assistant Labour Commissioner. Registration of Persons Act (Cap. 107)
Senior Labour Officer. Employment Act (Cap. 226).
Labour Officer. Regulations of Wages and
Senior Labour Inspector. Conditions of Employment Act
Labour Inspector. (Cap. 229).
Wages Inspector. Mombasa Shop Hours Act
Principal Registrar, registrar and assistant (Cap. 232).
registrar appointed under the Registration Trade Unions Act (Cap. 233).
of Persons Act (Cap. 107). Workmen’s Compensation Act
(Cap. 236).

Bankruptcy Act (Cap. 53).

205 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code
[Subsidiary]
SCHEDULE—continued
Offices Acts or provisions of Act
Societies Act (Cap. 108).
Books and Newspapers Act (Cap. 111)
Births and Deaths Registration Act
(Cap. 149).
Registrar-General. Marriage Act (Cap. 150).
Deputy Registrar-General. Trade Unions Act (Cap. 233).
Senior Assistant Registrar-General. Estate Duty Act (Cap. 483).
Assistant Registrar-General. Companies Act (Cap. 486).
Legal Assistant in the Registrar-General’s Insurance Companies Act (Cap. 487).
Department. Banking Act (Cap. 488).
Building Societies Act (Cap. 489).
Registration of Business Names Act
(Cap. 499).
Trade Marks Act (Cap. 506).
Patents Registration Act (Cap. 508).
Unit Trusts Act (Cap. 521).

Section 11 of the Oaths and Statutory

Principal Immigration Officer. Declarations Act (Cap. 15).
Deputy Principal Immigration Officer. Sections 114, 129, 130, 320, 321, 349, 353,
Senior Immigration Officer. 354, 357, 382, 384 and 385 of the
Immigration Officer. Penal Code (Cap. 63).
Immigration Act (Cap. 172).

Inspector of Weights and Measures Petroleum Act (Cap. 116).

appointed under the Weights and Price Control Act (Cap. 504).
Measures Act (Cap. 513).

Price Inspector. Price Control Act (Cap. 504).

Assistant Commissioner for Co-operative

Development and Head of Legal and
Field Services s.
Co-operative Societies Act (Cap. 490).
Provincial Co-operative Legal Officer.
Co-operative Officer, Legal and Field
Services

[Issue 1] 206
 SCHEDULE—continued

FORM OF CERTIFICATE PRESCRIBED UNDER SECTION 142(2)

[G.N. 574/1955.]
[Rev. 2012]

CRIMINAL RECORD OFFICE,

POLICE C. 9A THE KENYA POLICE CRIMINAL INVESTIGATION DEPT.,
For use of Criminal Record Office CERTIFICATE OF PREVIOUS CONVICTIONS P.O. BOX NO. 30460,
C.F. No. ............................................................... Under Section 142(2) of the Criminal Procedure Code NAIROBI.
Docket No. ..........................................................
To Officer-in-Charge Police, Date ................................... 20............

.............................................................................
I hereby certify that the Finger Impressions of .................................................................................................. taken at .............................................................
Police Station have been searched for and traced, and his previous convictions, according to the records of the Criminal Record Office, are as follows-

207
Offence (quoting law and
Court and place of trial Date of sentence Sentence Name convicted under
section)
Criminal Procedure Code

.............................................................................
Signature of Officer-in-Charge,
Criminal Record Office.
RESULT OF TRIAL ON PRESENT CHARGE [In cases where option of fine is given, state if fine was paid.]
[Subsidiary]
CAP. 75

[Issue 1]
 SCHEDULE—continued

[Issue 1]
CAP. 75

Court, place of trial and Offence

Date of sentence Sentence Name convicted under C.F. No.
[Subsidiary]

Court file No. (quoting law and section)

Note.- ORIGINAL to be returned to the Criminal Record Office. TRIPLICATE to be attached to committal warrant for information of Prison.
DUPLICATE for case file. QUADRUPLICATE to be handed into Court for filing with the Court Case file.

Station ......................................... Date ............................................ 20 ........... .......................................................................................

Signature of Officer filling in result of trial

208
Criminal Procedure Code
[Rev. 2012]
[Rev. 2012] CAP. 75
Criminal Procedure Code
[Subsidiary]

CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS)

RULES, 1948

ARRANGEMENT OF RULES

Rule
1. Citation.
2. Application to judge in chambers.
3. Issue of summons.
4. Where custody public, copy of summons to be served on Attorney-General.
5. Affidavits in reply.
6. Date of return to summons.
7. Admission to bail pending hearing.
8. Procedure at hearing.
9. Order of release to be directed to gaoler.
10. Habeas corpus ad testificandum.
11. Production of civil prisoner for trial by court martial or commissioners.
12. Production of prisoner in court.

209 [Issue 1]
CAP. 75 [Rev. 2012]
Criminal Procedure Code
[Subsidiary]

Rules under section 389(2)

CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS)

RULES, 1948
[Cap. 27 (1948), (Sub. Leg.), L.N. 474/1963.]

1. Citation
These Rules may be cited as the Criminal Procedure (Directions in the Nature of
Habeas Corpus) Rules, 1948.

2. Application to judge in chambers

An application for the issue of directions in the nature of habeas corpus shall be made
in the first instance to a judge in chambers ex parte, supported by affidavit in triplicate.

3. Issue of summons
If the application is not dismissed, the judge shall order a summons to be issued
directed to the person in whose custody the person alleged to be improperly detained is
said to be, requiring his appearance in person or by advocate, together with the original of
any warrant or order for the detention, at a place and time named therein, to show cause
why the person so detained should not be forthwith released.

4. Where custody public, copy of summons to be served on Attorney-General

The summons shall be accompanied by a copy of all affidavits lodged in support of the
application, and where the person detained is in public custody a duplicate of the
application, of the summons and of all affidavits lodged in support thereof shall be
forwarded to the Attorney-General.

5. Affidavits in reply
Affidavits in reply shall be filed in duplicate, of which one copy shall be served on the
applicant.

6. Date of return to summons

The date fixed for the return to the summons shall be as soon as may be convenient
after its issue to permit of the attendance of the parties served.

7. Admission to bail pending hearing

Pending the return to the summons, the person detained, if in public custody, may be
admitted to bail, and if in private custody may be released on such terms and conditions
as the court may deem fit.

8. Procedure at hearing
At the hearing of the summons, the applicant shall begin, and the party resisting the
application shall then be heard, and in that case the applicant shall be entitled to reply.

9. Order of release to be directed to gaoler

If the court orders the release of the person detained, the order of the court shall be
drawn up and served on the gaoler or other person having the custody of the person so
detained.

[Issue 1] 210
[Rev. 2012] CAP. 75
Criminal Procedure Code
[Subsidiary]
10. Habeas corpus ad testificandum
Where the evidence of a person who is in public custody is required at a trial or
proceeding before a civil court, or before a court martial, or before commissioners acting
under the authority of a commission, any party to the trial or proceeding may make
application ex parte to a judge in chambers supported by affidavit that the prisoner be
brought before such court or commissioners for the purpose of giving evidence, and the
judge may thereupon direct that the prisoner be produced accordingly, and that the party
requiring his production lodge a sufficient sum in court to meet the costs thereof.

11. Production of civil prisoner for trial by court martial or commissioners

In the case of a prisoner detained in public custody whose presence is required before
a court martial or commissioners acting under the authority of a commission for trial, a
judge in chambers may, on application made by the chief military authority, or on behalf of
the commissioners, order the prisoner to be produced before the court martial or
commissioners for trial, but shall not do so without first hearing the prisoner or an
advocate on his behalf.

12. Production of prisoner in court

A judge may, in addition to any other order that he may make under these Rules, order
the body of any person alleged to be improperly detained to be produced before him in
court.

211 [Issue 1]
[Rev. 2012] CAP. 75
Criminal Procedure Code
[Subsidiary]

Rules under section 394

CRIMINAL PROCEDURE (REMUNERATION OF WITNESSES AND ASSESSORS)

RULES, 1948
[Cap. 27 (1948), (Sub. Leg.), 33 of 1963, Second Sch., L.N. 474/1963.]

1. These Rules may be cited as the Criminal Procedure (Remuneration of Witnesses and
Assessors) Rules.

2. A criminal court may order payment of the expenses of any person summoned under
the Code to attend before a court as an assessor or witness, or as a complainant
attending court as a necessary witness, as follows—
(a) if a public officer, such reasonable out-of-pocket expenses as he may have
incurred, other than those payable from departmental votes in accordance
with the regulations obtaining at the time;
(b) if a person other than a public officer, his reasonable travelling and out-of-
pocket expenses.

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Rules under section 201

CRIMINAL PROCEDURE (RECORD OF EVIDENCE IN THE HIGH COURT)

RULES, 1958
[L.N. 344/1958.]

1. These Rules may be cited as the Criminal Procedure (Record of Evidence in the High
Court) Rules, 1958.

2. In cases coming before the High Court the evidence of each witness shall be recorded
in the manner prescribed by sections 197, 198 and 199 of the Code for recording
evidence in enquiries and trials by or before a Magistrate:
Provided that—
(i) a Judge of the High Court shall not be required to sign the evidence of each
witness or to inform each witness that he is entitled to have his evidence
read over to him;
(ii) nothing herein shall derogate from the provisions of section 391 of the
Code.

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Rules under section 357(3)

CRIMINAL PROCEDURE (APPEAL FROM REFUSAL OF BAIL) RULES, 1959

[L.N. 363/1959.]

1. These Rules may be cited as the Criminal Procedure (Appeal from Refusal of Bail)
Rules, 1959.

2. Where a person, convicted on a trial held by a subordinate court, who has entered an
appeal to the High Court and has been refused bail by the subordinate court desires to
appeal against refusal to the High Court under the proviso to subsection (1) of section 357
of the Code, his appeal against refusal shall be made in the form of a petition in writing
presented by the appellant or his advocate.

3. The petition shall set out clearly and fully the grounds upon which the application for
bail to the subordinate court was made and the grounds of the appeal, and shall be lodged
with the Registrar of the High Court.

4. A copy of the petition shall, at least three days before the day fixed for the hearing of
the appeal, be served by the appellant or his advocate on the Attorney-General, unless
the judge for special reasons dispenses with that service.

5. An affidavit may be filed on behalf of the Attorney-General in reply to the petition.

6. The Judge may require either the appellant or the respondent to file an affidavit or an
additional affidavit.

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CRIMINAL PROCEDURE (EXPERT WITNESSES FEES) RULES, 1961

[L.N. 478/1961, Act No. 17 of 1967, s. 45.]

1. These Rules may be cited as the Criminal Procedure (Expert Witnesses Fees) Rules,
1961.

2. (1) A court before which a skilled witness has been summoned by a court to give
expert evidence for the purpose of a trial or other proceedings under the Criminal
Procedure Code may order that the witness be paid such fee not exceeding one hundred
and twenty shillings per day as to the court seems reasonable.
(2) In addition to any fee ordered to be paid under paragraph (1) the court may order
the payment to the witness of an allowance for qualifying to give evidence.

3. Where a court makes an order under these Rules, the judge or magistrate shall so
certify on the record of the case, and thereafter the amount so ordered shall be paid to the
witness.

4. A fee or allowance ordered to be paid under these Rules shall be in addition to any
reasonable out-of-pocket and travelling expenses paid under any other written law for the
time being in force.

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PERSONS EXEMPTED FROM LIABILITY TO SERVE AS ASSESSORS, UNDER

SECTION 266(K)
[Act No. 33 of 1963, Second Sch., L.N. 345/1962.]
The following persons are exempted from liability to serve as assessors—
(a) Permanent Secretaries of Ministries and of the President’s Office;
(b) Managing Director, Kenya Railways Corporation;
(c) Managing Director, Kenya Posts and Telecommunications Corporation;
(d) engaged in the administration of justice, including magistrates, officers of
the Judicial Department and of the Office of the Attorney-General, the
Principal Probation Officer and probation officers;
(e) officers of the Prisons Department, the Chief Inspector of Approved Schools
and officers on the staffs of approved schools;
(f) dentists in active practice;
(g) consular offices de carriere and consular employees;
(h) mayors; chairmen of county councils; town clerks and clerks to county
councils.

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Rules under section 344(2)

CRIMINAL PROCEDURE (POLICE SUPERVISION) RULES, 1966

[L.N. 33/1966.]

1. These Rules may be cited as the Criminal Procedure (Police Supervision) Rules, 1966

2. In these Rules, “police officer in charge of the area” includes the person in charge of
the office of that police officer.

3. Before the date of release from prison of a person who is made subject to police
supervision by order under section 343 of the Code (hereinafter referred to as a police
supervisee), the officer in charge of the prison shall inform the officer in charge of the
Criminal Records Office, Nairobi, and the police officer in charge of the area in which the
police supervisee has been directed to reside under section 344(1)(a) of the Code, or,
where no such direction has been given, the police officer in charge of the area in which
the police supervisee intends to reside after release from prison, of the date of release
from prison of that police supervisee.

4. (1) The officer in charge of the prison shall inform every police supervisee before his
release from prison of the requirements with which the court has directed him to comply
under section 344 of the Code, and shall issue to the police supervisee an identity card
(hereinafter referred to as the identity card) in the form in the Schedule in which shall be
entered such particulars as are applicable to the police supervisee.

(2) A copy of these Rules shall be annexed to each identity card issued under this
rule.

5. When a police supervisee has been directed to comply with any requirements
specified under section 344 of the Code other than a requirement to reside within the
limits of a specified area, he shall, one month before the date of his release from prison,
inform the officer in charge of the prison of the area in which he intends to reside after his
release from prison and the officer shall enter particulars of that area in the identity card of
the police supervisee.

6. Any written consent given under paragraph section 344(1)(b) or (c) of the Code shall
be recorded in the identity card of the police supervisee by the police officer in charge of
the area in which the supervisee resides.

7. When a police supervisee has been directed under section 344(1)(d) of the Code to
keep the police officer in charge of the area in which he resides notified of the house or
place in which he resides, any such notification and the date thereof shall be recorded in
the identity card of the police supervisee by that police officer.

8. (1) When a police supervisee has been directed under section 344(1)(e) of the Code
to present himself whenever called upon by the police officer in charge of the area in
which he is to reside after his release from prison, the police officer of that area shall,
before the date of release from prison of the police supervisee, inform him through the
officer in charge of the prison of the place at which and date on which he is to present
himself, and the officer in charge of the prison shall endorse the identity card of the police
supervisee accordingly.

(2) Whenever a police supervisee, after the date of his release, presents himself in
accordance with a direction under section 344(1)(e) of the Code, the police officer in
charge of the area shall record the fact in the identity card of the police supervisee.

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(3) If from illness or other reasonable cause (the proof of which shall lie upon him) a
police supervisee is prevented from presenting himself in person, he may do so in any one
of the following ways—
(a) in person, to the chief or assistant chief exercising jurisdiction in the area in
which he resides; or
(b) by oral communication sent by a messenger, and by production of his identity
card to the person to whom he has been called upon to present himself.
(4) Where a police supervisee has presented himself in accordance with paragraph
(3)(a) to any person, that person shall inform the person to whom the police supervisee
should have presented himself, as soon as may be convenient, that the police supervisee
has presented himself, and shall forward the identity card of the police supervisee for
endorsement accordingly.

9. (1) A police supervisee shall produce his identity card to the police officer in charge of
the area whenever he requires consent to transfer his residence or to leave the area in
which he resides, or whenever he makes any notification, or whenever he presents
himself in accordance with the Code or any rules made thereunder.
(2) If a police supervisee loses his identity card, he shall forthwith report the loss to
the police officer in charge of the area in which he resides and apply to that police officer
for a new identity card, which shall be issued to him with the necessary particulars entered
therein by that police officer.

10. At the end of the term of police supervision ordered by the court, the police
supervisee shall surrender his identity card to the police officer in charge of the area for
transmission to the officer in charge of the Criminal Records Office, Nairobi.

11. (1) For the purpose of giving directions or of varying directions under section 344 of
the Code, the court may issue a summons to a police supervisee requiring his attendance
before the court at such time and place as may be specified.
(2) Sections 145, 146, 147, 148 and 149 of the Code shall apply, mutatis mutandis, to
a police supervisee as they apply to a witness.

12. The Criminal Procedure (Cap 75) (Police Supervision) Rules are revoked.

SCHEDULE
[Rule 4, s. 343 to 345.]

POLICE SUPERVISION-CRIMINAL PROCEDURE CODE

IDENTITY CARD
Supervisee No. .....................................................................................................................................
Prison No. .............................................................................................................................................
Name ....................................................................................................................................................
Registration No. ....................................................................................................................................
Aliases ..................................................................................................................................................
Court in which order made ...................................................................................................................
Criminal Court Case File No. ................................................................................................................
Police Case File No. .............................................................................................................................
Offence convicted of, with section of law ..............................................................................................
Sentence last served ............................................................................................................................

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SCHEDULE—continued

GENERAL DESCRIPTION

Tribe or nationality .................................................................................................................................

District of origin......................................................................................................................................
Chief ......................................................................................................................................................
Assistant Chief.......................................................................................................................................
Village ...................................................................................................................................................
Sex ................................................................Age ................................................................................
Height .....................................................Marks or scars.......................................................................
* Place of intended residence as supplied by police supervisee / place of residence as directed by
court .................................................................................................................................................
..........................................................................................................................................................

.............................................................................
Signature of Prison Officer
Issuing Identity Card

DIRECTIONS OF THE COURT UNDER SECTION 344 OF THE CRIMINAL

PROCEDURE CODE

(a) To reside within the limits of the ..................................................................................................

(specify area)
(b) Not to transfer his residence to any other area without the written consent of the police officer
in charge of the area in which he resides.
(c) Not to leave the limits of the area within which he has been ordered to reside by the court
without the written consent of the police officer in charge of the area in which he resides.
(d) At all times to keep the police officer in charge of the area in which he resides notified of the
house or place in which he resides.
(e) To present himself whenever called upon to do so by the police officer in charge of the area in
which he resides.
Note. - Strike out whichever paragraph is not applicable.
I certify that I have explained the above requirements to the police supervisee ..............................
and have informed him that if he does not comply with them he is guilty of an offence.

.............................................................................
Officer in Charge
................................
.................................................................. Prison.

TRANSFER OF RESIDENCE
[Section 344(1)(b) of the Criminal Procedure Code.]

Police supervisee ................................................. is hereby authorized to transfer his residence—

Signature of the police officer in
From To charge of the area consenting
to transfer

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SCHEDULE—continued

PERMIT TO LEAVE THE LIMITS OF THE AREA IN WHICH HE HAS BEEN ORDERED
TO RESIDE
[Section 344(1)(c) of the Criminal Procedure Code.]

Police supervisee.......................................................................... is hereby authorized to leave the

limits of the ................................................................... area in which he has been ordered to reside.
Signature of the police
Destination Date of leaving Period Instructions officer in charge of the
area consenting

NOTIFICATION OF PLACE OF RESIDENCE

[Section 344 (1)(d) of the Criminal Procedure Code.]

Police supervisee .................................................................... has notified me that he resides at—

Signature of the police officer in charge of
Place Date
the area

REPORTS
[Section 344(1)(e) of the Criminal Procedure Code.]

I hereby certify that I have informed police supervisee......................................................................

.............................................. C.I.D. Docket No. .......................................................... that he is called
upon to report on the .................................................................................................. of each month to
....................................... police station.

(Signed) ..............................................................
O.C.S.
(Name, rank, printed)

REPORTS
[Section 344(1)(e) of the Criminal Procedure Code.]

Police supervisee .................................................................................. has presented himself at—

Signature of police officer to whom

Place To Date
supervisee has presented himself

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SCHEDULE—continued
Prison from which released ...................................................................................................................
Date released from prison .....................................................................................................................
Date of expiry of order ..........................................................................................................................
Space for photograph when available Right thumb impression

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