LAWS OF KENYA

The Criminal ProCedure Code

Chapter 75
Revised Edition 2010 (2008)
Published by the National Council for Law Reporting
with the Authority of the Attorney General
www.kenyalaw.org

2 CAP. 75 Criminal Procedure Code [Rev. 2010

CHAPTER 75
THE 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.
9-11 (Repealed.)
12-Combination of sentences.
13-(Repealed.)
14-Senteces in cases of conviction of several offences at one trial.
15-Suspended sentences.
16-20 (Repealed.)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 offcer without warrant.
30-Arrest of vagabonds, habitual robbers, etc.
31-Procedure when police offcer deputes subordinate to arrest without warrant.
32-Refusal to give name and residence.
Criminal Procedure Code CAP. 75 3 Rev. 2010]

Section
33-Disposal of persons arrested by police offcer.
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 magistrates 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 offcer.
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.
4 CAP. 75 Criminal Procedure Code [Rev. 2010

part iv provisions relatinG to all Criminal investiGations
Section
plaCe of trial
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 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-Procedure when after commencement of inquiry or trial magistrate fnds
case should be transferred to another magistrate.
81-Power of High Court to change venue.
Control by republiC in Criminal proCeedinGs
82-Power of Attorney-General to enter nolle prosequi.
83-Delegation of powers by Attorney-General.
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.
Criminal Procedure Code CAP. 75 5 Rev. 2010]

Section
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.
96-Service on company.
97-Service outside local limits of jurisdiction.
98-Proof of service when serving offcer 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 offcer.
107-Notifcation 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 offcer 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.
6 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 suffcient bail when that frst taken is insuffcient.
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.
CharGes and informations
134-Offence to be specifed 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 fgures and abbreviations.
(j) Gross sum may be specifed in certain cases of stealing.
plea aGreements
137A-Plea agreement negotiation.
137B-Plea agreement on behalf of 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.
Criminal Procedure Code CAP. 75 7 Rev. 2010]

Section
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 Attorney-General necessary before prosecution instituted.
CompellinG attendanCe of witnesses
144-Summons for witness.
145-Warrant for witness who disobeys summons.
146-Warrant for witness in frst 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.
8 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 preliminary investigation 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 specifed in order, how recoverable.
175-Power of courts to award expenses or compensation out of fne.
176-Promotion of reconciliation.
restitution of property
177-Property found on accused person.
178-Property stolen.
ConviCtions for offenCes other than those CharGed
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 deflement 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.
Criminal Procedure Code CAP. 75 9 Rev. 2010]

Section
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.
195-196 (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.
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.
10 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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)
(Sections 222 to 229) (Repealed)
part viii provisions relatinG to the Committal of aCCused persons
for trial before the hiGh Court
Committal proCeedinGs by subordinate Courts
230-245 (Repealed.)
preservation of testimony in Certain Cases
246-249 (Repealed.)
proCeedinGs after Committal for trial
250-260 (Repealed.)
part ix proCedure in trials before the hiGh Court
General
261- (Repealed.)
mode of trial
262-263 (Repealed.)
list of assessors
264-268 (Repealed.)
attendanCe of assessors
269-273 (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.
Criminal Procedure Code CAP. 75 11 Rev. 2010]

Section
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.
284-296 (Repealed.)
assessors
297-299 (Repealed.)
Case for the proseCution
300-Opening of case for prosecution.
301-(Repealed.).
302-Cross-examination of witnesses for prosecution.
303-305 (Repealed.)
306-Close of case for prosecution.
Case for the defenCe
307-Defence.
308-Additional witnesses for the defence.
309-Evidence in reply.
310-Prosecutors reply.
311-Where accused adduces no evidence.
312-321 (Repealed).
Close of hearinG
322-Delivery of opinions by assessors.
passinG sentenCe
323-Calling upon the accused.
324-Motion in arrest of judgement.
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.
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.
12 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 fne, etc.
335-Objections to attachment.
336-Suspension of execution of sentence of imprisonment in default of fne.
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 fne, etc.
poliCe supervision
343-345(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.
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 certifed to lower court.
Criminal Procedure Code CAP. 75 13 Rev. 2010]

Section
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 certifed to lower court.
368-378 (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-Evidence or statement recorded when provisions of section 237 or 246
not complied with.
inquiries as to sudden deaths
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 Attorney-General 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.
14 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
misCellaneous
390-Persons before whom affdavits 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 at p. 150)
_____________
Criminal Procedure Code CAP. 75 15 Rev. 2010]
[Issue 1]
CHAPTER 75
THE CRIMINAL PROCEDURE CODE
Commencement: 1st August 1930
An Act of Parliament to make provision for the procedure to be followed
in criminal cases
part i - preliminary
1. This Act may be cited as the Criminal Procedure Code.
2. In this Code, unless the context otherwise requires -
Cap. 27 (1948),
9 of 1951, 39 of 1951,
42 of 1952, 42 of 1954,
57 of 1955, 48 of 1956,
26 of 1957, 5 of 1958,
33 of 1958, 22 of 1959,
54 of 1960, 11 of 1961,
15 of 1961, 25 of 1961,
27 of 1961, 28 of 1961,
36 of 1962, 48 of 1962,
33 of 1963, 46 of 1963,
19 of 1964, 20 of 1965,
13 of 1967, 17 of 1967,
29 of 1967, 8 of 1968,
3 of 1969, 10 of 1969,
11 of 1970, 25 of 1971,
4 of 1974, 6 of 1976,
16 of 1977, 13 of 1978,
18 of 1979, 13 of 1980,
13 of 1982,
10 of 1983, 11 of 1983,
12 of 1984, 19 of 1984,
19 of 1985, 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,
13 of 1988, 6 of 1989,
20 of 1989, 7 of 1990,
14 of 1991, 11 of 1993,
5 of 2003,
3 of 2006,
7 of 2007,
11 of 2008,
12 of 2012.
Short title.
Interpretation.
39 of 1951, s.2,
16 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
cognizable offence means an offence for which a police offcer
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 specifed in Part V of the
Dangerous Drugs Act 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
offcer may not arrest without warrant;
offcer in charge of a police station includes any offcer superior
in rank to an offcer in charge of a police station and also includes, when
the offcer 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
offcer present at the station-house who is next in rank to that offcer,
and is above the rank of constable, or, when the Attorney-General so
directs, any other police offcer so present;
plea agreement means an agreement entered into between the
prosecution and an accused person in a criminal trial in accordance
with Part IV;
police offcer means a police offcer or an administration police
offcer;
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;
22 of 1959, s. 2,
15 of l961, Sch.,
28 of 1961, Sch.,
36 of 1962, Sch.,
13 of 1967,
1st Sch., 17 of 1967,
s. 2, 8 of 1968, Sch.,
13 of 1982, s. 2,
L.N.124/1964.
5 of 2003, s.59.
5 of 2003, s. 60.
7 of 2007,
11 of 2008, s. 2,
12 of 2012, Sch.
Cap. 245.
Cap. 84.
Criminal Procedure Code CAP. 75 17 Rev. 2010]

summary trial means a trial held by a subordinate court under
Part VI.
3. (1) All offences under the Penal Code 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.

PART II - POWERS OF COURTS
4. Subject to this Code, an offence under the Penal Code may
be tried by the High Court, or by a subordinate court by which the
offence is shown in the ffth column of the First Schedule to this Code
to be triable.
5. (1) An offence under any law other than the Penal Code 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 ffth column of the First Schedule to this Code
to be triable.
Trial of offences
under Penal Code
and under other laws.
20 of 1965, s. 2.
Cap. 63.
Offences under Penal
Code.
Cap. 63.
Offences under other
laws.
Cap. 63.
18 CAP. 75 Criminal Procedure Code [Rev. 2010

6. The High Court may pass any sentence authorized by law.

7. (1) A subordinate court of the frst 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 frst 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 fne not exceeding twenty thousand shillings;
(c) (Repealed by 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 fne not exceeding ten thousand shillings;
(c) (Repealed by 5 of 2003, s. 60.)
(4) (Deleted by 5 of 2003, s. 60.)
(5) In determining the extent of a courts 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 fne, costs or compensation.
Sentences which
High Court may pass.
Sentences which
subordinate courts
may pass. 17 of 1967,
s. 24, 3 of 1969, s. 6,
25 of 1971, Sch.,
4 of 1974, Sch.,
18 of l979, Sch.,
11 of 1983, Sch.,
18 of 1986, Sch.
14 of 1991, Sch.
7 of 2007, Sch.
Criminal Procedure Code CAP. 75 19 Rev. 2010]

8. 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.
9 to 11 [Repealed by 17 of 1967, s. 25).
12. Any court may pass a lawful sentence combining any of the
sentences which it is authorized by law to pass.
13. [Repealed by 17 of 1967, s. 25.]
14. (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 fnes which amount in the aggregate to more than twice the
amount which the court is so competent to impose.
(3) 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.
15. (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 specifed by the
Powers of Judicial
Service Commission
to extend jurisdiction
of subordinate courts.
11 of 1983, Sch.
Combination of
sentences.
17 of 1967, s. 26.
Sentences in cases of
conviction of several
offences at one trial.
17 of 1967, s. 46,
25 of 1971, Sch.,
4 of 1974, Sch.
Suspended
Sentences.
7 of 1990, s. 4.
20 CAP. 75 Criminal Procedure Code [Rev. 2010

court ( hereinafter called the operational period ) the offender commits
another offence, whether that offence is punishable by imprisonment,
corporal punishment or by a fne.
(2) Where the offender is convicted of an offence during the
operational period the sentence for the frst offence in respect of which
the offender was convicted under subsection (1) shall thereupon take
effect.
(3) Where under subsection (2) the sentence passed for the frst
offence under subsection (1) takes effect the sentence passed for the
subsequent offence shall run consecutively to the sentence passed for
the frst offence.
16 to 20. (Repealed by No. 17 of 1967, s. 25.)
PART III - GENERAL PROVISIONS
arrest, esCape and retakinG
Arrest Generally
21. (1) In making an arrest the police offcer or other person
making it shall actually touch or confne 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 offcer 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. (1) If any person acting under a warrant of arrest, or any police
offcer 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 offcer, 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 offcer to enter the place and search therein, and, in order
to effect an entrance into the place, to break open any outer or inner
7 of 1990, s. 4.
7 of 1990, s. 4.
Arrest.
Search of place
entered by person
sought to be arrested.
Criminal Procedure Code CAP. 75 21 Rev. 2010]

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 notifcation 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
offcer 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.
23. A police offcer 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. The person arrested shall not be subjected to more restraint
than is necessary to prevent his escape.
25. Whenever a person is arrested -
(a) by a police offcer 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 offcer making the arrest, or, when the arrest is made by a
private person, the police offcer 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. (1) A police offcer, 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; or
Power to break out of
house, etc., for
purposes of
liberation.
No unnecessary
restraint.
Search of arrested
persons.
Power to detain
and search aircraft,
vessels, vehicles and
persons.
13 of 1967, Sch.,
L.N. 474/1963.
Cap. 63.
22 CAP. 75 Criminal Procedure Code [Rev. 2010

(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.
27. Whenever it is necessary to cause a woman to be searched, the
search shall be made by another woman with strict regard to decency.
28. The offcer 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 offcer before
which or whom the offcer or person making the arrest is required by
law to produce the person arrested.
Arrest Without Warrant
29. A police offcer 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 offcer 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;
Mode of searching
women.
Power to seize
offensive weapons.
Arrest by police
offcer without
warrant.
5 of 1958, s. 2.
13 of 1967, 1st Sch.,
L.N. 124/1964.
Criminal Procedure Code CAP. 75 23 Rev. 2010]

(f) any person whom he fnds 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 fnds 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 or the Extradition
(Commonwealth Countries) Act;
(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.
30. An offcer 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 5 of 2003, s.61.)
(c) (Repealed by 5 of 2003, s.61.)
31. When an offcer in charge of a police station requires an offcer
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 offcer 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. (1) When a person who in the presence of a police offcer has
committed or has been accused of committing a non-cognizable offence
Cap. 76, Cap 77
Arrest of vagabonds,
habitual robbers, etc.
5 of 2003, s.61.
Procedure when
police offcer deputes
subordinate to arrest
without warrant.
Refusal to give name
and residence.
24 CAP. 75 Criminal Procedure Code [Rev. 2010

refuses on the demand of the offcer to give his name and residence,
or gives a name or residence which the offcer has reason to believe
to be false, he may be arrested by the offcer 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 suffcient
sureties, he shall forthwith be taken before the nearest magistrate having
jurisdiction.
33. A police offcer 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 offcer in charge of a police
station.
34. (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.
(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. (1) A private person arresting another person without a warrant
shall without unnecessary delay make over the person so arrested to a
police offcer, or in the absence of a police offcer 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 offcer 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 offcer to
give his name and residence, or gives a name or residence which the
offcer has reason to believe to be false, he shall be dealt with under
section 32.
(4) If there is no suffcient reason to believe that he has committed
Disposal of persons
arrested by police
offcer.
Arrest by private
person.
Disposal of person
arrested by private
person.
Criminal Procedure Code CAP. 75 25 Rev. 2010]

an offence he shall at once be released.
36. 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 offcer 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 offcer 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 offcer 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, insuffcient evidence is, in his opinion,
disclosed on which to proceed with the charge.
37. Offcers 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. 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.
39. 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. 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. 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 offcer having authority to arrest.
42. Every person is bound to assist a magistrate or police offcer
reasonably demanding his aid -
Detention of persons
arrested without
warrant.
22 of 1959, s. 6.
13 of 1988, s. 36.
Police to report
apprehensions.
Offence committed
in magistrates
presence.
Arrest by magistrate.
Recapture of person
escaping.
Provisions of sections
22 and 23 to apply to
arrests under section
40
.
Assistance to
magistrate or police
offcer.
26 CAP. 75 Criminal Procedure Code [Rev. 2010

(a) in the taking or preventing the escape of another person whom
the magistrate or police offcer 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. (1) Whenever a magistrate empowered to hold a subordinate
court of the frst 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 ft.
(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 magistrates 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 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.
44. Whenever a magistrate empowered to hold a subordinate
court of the frst 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
Security for keeping
the peace.
22 of 1959, s. 7.
Security for
good behaviour
from persons
disseminating
seditious matter.
Criminal Procedure Code CAP. 75 27 Rev. 2010]

dissemination of -
(a) (Repealed by 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 ft.
45. Whenever a magistrate empowered to hold a subordinate court
of the frst class is informed on oath that a person is taking precautions
to conceal his presence within the local limits of the magistrates
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 ft.
46. Whenever a magistrate empowered to hold a subordinate
court of the frst 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
(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
33 of 1958, s. 2.
5 of 2003, s. 62.
Security for good
behaviour from
suspected persons.
Security for good
behaviour from
habitual offenders.
57 of 1955, s. 4,
25 of 1971, Sch.
28 CAP. 75 Criminal Procedure Code [Rev. 2010

(g) is a member of an unlawful society within the meaning of
section 4 (1) of the Societies Act,
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 ft, 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.
47. 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.
48. 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. 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 offcer 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 offcer or upon other information (the substance of
which report or information shall be recorded by the magistrate) that
Cap. 108.
Order to be made.
33 of 1958, s. 3,
25 of 1971, s. 6.
Procedure in case
of person present in
court.
Summons or warrant
in case of person not
so present.
Criminal Procedure Code CAP. 75 29 Rev. 2010]

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.
50. 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 offcer serving or executing the summons
or warrant to the person served with or arrested under it.
51. The magistrate may, if he sees suffcient 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. (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. (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
specifed in the order made under section 47;
Copy of order
under section 47 to
accompany summons
or warrant.
Power to dispense
with personal
attendance.
Inquiry as to truth of
information.
Order to give
security.
22 of 1959, s. 9,
25 of 1971, Sch.
30 CAP. 75 Criminal Procedure Code [Rev. 2010

(ii) the amount of a bond shall be fxed 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.
54. If on an inquiry under section 52 it is not proved that it
is necessary for keeping the peace or maintaining good behaviour that
the person in respect of whom the inquiry is made should be subject to
a restriction order or should execute a bond, the magistrate shall make
an entry on the record to that effect, and, if the person is in custody
only for the purposes of the inquiry, shall release him, or, if he is not in
custody, shall discharge him.
Proceedings in all Cases Subsequent to Order to Furnish
Security
55. (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 the 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 suffcient reason, fxes a later date.
56. 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. 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 unft person.
58. (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.
Discharge of person
informed
against. 25 of 1971,
Sch.
Commencement of
period for which
security is required.
25 of 1971, Sch.
Contents of bond.
Power to reject
sureties.
Procedure on failure
of person to give
security.
26 of 1957, s. 2.
Criminal Procedure Code CAP. 75 31 Rev. 2010]

(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 ft.
(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 offcer 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.
59. Whenever a magistrate empowered to hold a subordinate
court of the frst 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. The High Court may at any time, for suffcient reasons to be
recorded in writing, cancel an order made under section 47 or section
53.
61. (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 frst 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 ft, 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.
Power to release
persons imprisoned
for failure to give
security.
Power of High Court
to cancel bond.
25 of 1971, Sch.
Discharge of surities.
32 CAP. 75 Criminal Procedure Code [Rev. 2010

61A. 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 offcer 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.
preventive aCtion of the poliCe
62. A police offcer may interpose for the purpose of preventing,
and shall to the best of his ability prevent, the commission of a
cognizable offence.
63. A police offcer receiving information of a design to commit
a cognizable offence shall communicate that information to the police
offcer to whom he is subordinate, and to any other offcer whose duty
it is to prevent or take cognizance of the commission of the offence.
64. A police offcer 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 offcer that the
commission of the offence cannot otherwise be prevented.
65. A police offcer 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. 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. 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.
Breach of restriction
order.
25 of 1971, s. 7.
Police to prevent
cognizable offences.
Information of design
to commit such
offences.
Arrest to prevent
such offences.
Prevention of injury
to public property.
General authority of
courts.
Accused person to be
sent to district where
offence committed.
Criminal Procedure Code CAP. 75 33 Rev. 2010]

68. (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 suffcient 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.
69. The High Court may inquire into and try any offence subject
to its jurisdiction at any place where it has power to hold sittings.

70. (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.
71. 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.
72. 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.
73. 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 frst-mentioned offence may be tried
by a court within the local limits of whose jurisdiction either act was done.
74. When -
(a) it is uncertain in which of several local areas an offence was
committed; or
Removal of accused
person under warrant.
13 of 1982, 1st Sch.
Powers of High
Court.
13 of 1982, 1st Sch.,
5 of 2003, s. 63.
Place and date of
sessions of the High
Court.
13 of 1982, 1st Sch.
Ordinary place of
inquiry and trial.
13 of 1982, 1st Sch.
Trial at place where
act done or where
consequence of
offence ensues.
13 of 1982, 1st Sch.
Trial where offence
is connected with
another offence.
13 of 1982, 1st Sch.
Trial where place of
offence is uncertain.
13 of 1982, 1st Sch.
34 CAP. 75 Criminal Procedure Code [Rev. 2010

(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.
75. 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.
76. (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 fnal and
conclusive, except that it shall be open to an accused person to show
that no court in Kenya has jurisdiction in the case.
77. (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 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 identifcation of the
victim; or
(b) any picture of the victim.
Offence committed
on a journey.
13 of 1982, 1st Sch.
High Court to decide
in cases of doubt.
13 of 1982, 1st Sch.
Court to be open.
13 of 1982, 1st Sch.,
5 of 2003, s. 64.
Cap. 63.
Criminal Procedure Code CAP. 75 35 Rev. 2010]
[Issue 1]
(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 fne not exceeding one hundred
thousand shillings; and
(b) in the case of a body corporate, to a fne not exceeding fve
hundred thousand shillings.
77A. (Repealed by 5 of 2003, s. 65.)
Transfer of Cases
78. (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
satisfed that it has no jurisdiction, direct the case to be transferred to
the court having jurisdiction where the cause of complaint arose.
(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 offcer before the court having
jurisdiction where the cause of complaint arose, and shall give a warrant
for that purpose to the offcer, 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. A magistrate holding a subordinate court of the frst 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 frst 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 specifed magistrate within the local limits of
his jurisdiction who is competent to try the accused and that magistrate
Transfer of case
where offence
committed outside
jurisdiction.
Transfer of cases
between magistrates.
17 of 1967, s. 27,
13 of 1982, 1st Sch.,
5 of 2003, s. 66.
36 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
shall dispose of the case accordingly.
80. 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 frst class empowered to direct the transfer of the case
under section 79.
81. (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 diffculty 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
(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 affdavit.
(4) An accused person making any such application shall give to
the Director of Public Prosecutions notice in writing of the application,
together
Transfer of part-
heard cases.
13 of 1982, 1st Sch.,
5 of 2003, s. 67.
Power of High Court
to change venue.
13 of 1982, 1st Sch,
12 of 2012, Sch.

Criminal Procedure Code CAP. 75 37 Rev. 2010]
[Issue 1]
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.
Control by republiC in Criminal proCeedinGs
82. (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.
83.* 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.
84. (Repealed by 5 of 2003, s. 69.)
appointment of publiC proseCutors and
ConduCt of proseCutions
85. (1) The Director of Public Prosecutions, by notice in the
Gazette, may appoint public prosecutors for Kenya or for any specifed
Power of Director of
Public Prosecution
to enter nolle
prosequi.
13 of 1967, 1st Sch.,
13 of 1982, 1st Sch,
12 of 2012, Sch.

5 of 2003, s. 68.
Delegation of powers
by Director of Public
Prosecution.
39 of 1951, s. 3,
12 of 1984, Sch,
12 of 2012, Sch.
Power to appoint
public prosecutors.
22 of 1959, s. 10,
7 of 2007, Sch,
12 of 2012, Sch.
*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.)
38 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
area thereof, and either generally or for any specifed 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.
86. 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.
87. In a trial before a subordinate court a public prosecutor may,
with the consent of the court or on the instructions of the Director of
Public Prosecutions*, at any time before judgment is pronounced,
withdraw from the prosecution of any person, and upon withdrawal -
(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.
88. (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 offcer 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 offcer 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 offcer.
(3) Any person conducting the prosecution may do so personally
or by an advocate.
Powers of public
prosecutors.
28 of 1961, Sch.,
13 of 1982, 1st Sch.,
5 of 2003.
Withdrawal from
prosecution in trials
before subordinate
courts.
12 of 2012, Sch.
Permission to
conduct prosecution.
L.N.299/1956,
L.N.172/1960,
L.N.474/1963,
13 of 1982, 1st Sch,
12 of 2012, Sch.
*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.)
Criminal Procedure Code CAP. 75 39 Rev. 2010]

institution of proCeedinGs
Making of Complaint
89. (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 offcer.
(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.
90. (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 frst 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.
Complaint and
charge.
10 of 1983, Sch.
Issue of summons or
warrant.
13 of 1982, 1st Sch.
40 CAP. 75 Criminal Procedure Code [Rev. 2010

proCesses to Compel the appearanCe of aCCused persons
Summons
91. (1) Every summons issued by a court under this Code shall
be in writing, in duplicate, signed and sealed by the presiding offcer
of the court or by such other offcer 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.
92. (1) Every summons shall be served either by a police offcer,
an offcer 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 offcer, sign a receipt therefor on the back of
the other duplicate.
93. 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 offcer, sign a
receipt therefor on the back of the other duplicate.
94. If service in the manner provided by sections 92 and 93 cannot
by the exercise of due diligence be effected, the serving offcer shall
affx 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. 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 offce 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.
Form and contents of
summons.
13 of 1982, 1st Sch.
Service of summons.
Service when
person summoned
cannot be
found.
Procedure when
service cannot be
effected as before
provided.

Service on servant of
Government.
22 of 1959, s. 11,
13 of 1967, 1st Sch.,
L.N. 474/1963,
13 of 1982, 1st Sch.
Criminal Procedure Code CAP. 75 41 Rev. 2010]

96. 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 offcer of the corporation or by registered
letter addressed to the principal offcer of the corporation in Kenya at
the registered offce 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.
97. 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. (1) Where the offcer 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 affdavit
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 affdavit mentioned in this section may be attached to the
duplicate of the summons and returned to the court.
99. (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
fne, or only by fne or imprisonment not exceeding three months, or
by fne and such imprisonment, dispense with the personal attendance
of the accused, if the accused pleads guilty in writing or appears by an
advocate.
(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 fne on an accused person whose
personal attendance has been dispensed with under this section, and the
fne 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
Service on company.
L.N. 199/1966.
Service outside local
limits of jurisdiction.
Proof of service
when serving offcer
not present.
Power to dispense
with personal
attendance of
accused.
13 of 1982, 1st Sch.
42 CAP. 75 Criminal Procedure Code [Rev. 2010

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 fx.
(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
persons 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.
Warrant of Arrest
100. 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. 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. (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.
103. (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
suffcient sureties for his attendance before the court at a specifed
time and thereafter until otherwise directed by the court, the offcer to
Warrant after issue of
summons.
Warrant on
disobedience of
summons.
Form, contents and
duration of warrant.
Court may direct
security to be taken.
Criminal Procedure Code CAP. 75 43 Rev. 2010]

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 offcer to
whom the warrant is directed shall forward the bond to the court.
104. (1) A warrant of arrest may be directed to one or more police
offcers, or to one police offcer and to all other police offcers of the
area within which the court has jurisdiction, or generally to all police
offcers of the area:
Provided that a court issuing a warrant may, if its immediate
execution is necessary, and no police offcer 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 offcers or persons than
one, it may be executed by all or by any one or more of them.
105. (1) A magistrate empowered to hold a subordinate court of
the frst 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
offcer, who shall cause him to be taken before a magistrate having
jurisdiction, unless security is taken under section 103.
106. A warrant directed to a police offcer may also be executed
by another police offcer whose name is endorsed upon the warrant by
the offcer to whom it is directed or endorsed.
Warrants, to whom
directed.
Warrants may
be directed to
landholders, etc.
Execution of warrant
directed to police
offcer.
44 CAP. 75 Criminal Procedure Code [Rev. 2010

107. The police offcer 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. The police offcer 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. A warrant of arrest may be executed at any place in
Kenya.
110. (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 offcer, 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. (1) When a warrant of arrest directed to a police offcer 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 suffcient authority to the police offcer to whom
the warrant is directed to execute it within those limits, and the local
police offcers shall, if so required, assist that offcer 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 offcer 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. (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
Notifcation of
substance of warrant.
Person arrested to be
brought before court
without delay.
Where warrant may
be executed.
Forwarding of
warrants for
execution outside
jurisdiction.
Warrant directed to
police offcer for
execution outside
jurisdiction.
Procedure on arrest
of person outside
jurisdiction.
Criminal Procedure Code CAP. 75 45 Rev. 2010]

is taken under section 103, be taken before the magistrate within the
local limits of whose jurisdiction the arrest was made.
(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 offcer from
taking security under section 103.
113. An irregularity or defect in the substance or form of a
warrant, and any variance between it and the written complaint or
information, or between either and the evidence produced on the part of
the prosecution at a trial, shall not affect the validity of any proceedings
at or subsequent to the hearing of the case, but, if a variance appears
to the court to be such that the accused has been thereby deceived or
misled, the court may, at the request of the accused, adjourn the hearing
of the case to some future date, and in the meantime remand the accused
or admit him to bail.
Miscellaneous Provisions regarding Processes
114. Where a person for whose appearance or arrest the offcer
presiding in a court is empowered to issue a summons or warrant is
present in court, the offcer may require the person to execute a bond,
with or without sureties, for his appearance in that court.
115. When a person who is bound by a bond taken under this
Code to appear before a court does not so appear, the offcer presiding
may issue a warrant directing that the person be arrested and produced
before him.
116. (1) Where a person for whose appearance or arrest a court is
empowered to issue a summons or warrant is confned in prison within
the local limits of the jurisdiction of that court, the court may issue an
order to the offcer 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.
Irregularities in
warrant.
13 of 1982, 1st Sch.
Power to take bond
for appearance.
Arrest for breach of
bond.
Power of court to
order prisoner to be
brought before it.
46 CAP. 75 Criminal Procedure Code [Rev. 2010

(2) The offcer so in charge, on receipt of the order, shall provide
for the safe custody of the prisoner during his absence from the
prison.
117. 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.

searCh warrants
118. 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 offcer 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.

119. 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 offcer or other person to whom it is addressed to
execute it at any hour.
120. (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 offcer 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 offcer 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.
Provisions of this
Part generally
applicable to
summonses and
warrants.
10 of 1983, Sch.
Power to issue search
warrant.
22 of 1959, s.12,
10 of 1983, Sch.
Execution of search
warrants.
10 of 1983, Sch.
Persons in charge of
closed place to allow
ingress and egress.
Criminal Procedure Code CAP. 75 47 Rev. 2010]

121. (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.
(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 ft or is authorized or required by law
to dispose of it otherwise.
122. 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. (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 offcer
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 offcer or at
any stage of the proceedings before that court to give bail, that person
may be admitted to bail:
Provided that the offcer 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 fxed 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
offcer be reduced.
124. Before a person is released on bail or on his own recognizance,
a bond for such sum as the court or police offcer thinks suffcient shall
be executed by that person, and, when he is released on bail, by one or
more suffcient 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 offcer.
125. (1) As soon as the bond has been executed, the person for
whose appearance it has been executed shall be released, and when
Detention of property
seized.
Provisions applicable
to search warrants.
Bail in certain cases.
22 of 1959, s. 13,
6 of 1976, Sch.,
13 of 1978, Sch.,
19 of 1984, Sch.,
19 of 1985, Sch.,
14 of 1991, Sch.,
7 of 1990, Sch.,
5 of 2003, s. 71.
Bail bond.
L.N. 142/1963.
Discharge from
custody.
48 CAP. 75 Criminal Procedure Code [Rev. 2010

he is in prison the court admitting him to bail shall issue an order of
release to the offcer in charge of the prison and the offcer on receipt
of the order shall release him.
(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. When a person may be required by a court or offcer to
execute a bond, with or without sureties, the court or offcer 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 offcer may fx, or to deposit
property, in lieu of executing a bond.
127. If, through mistake, fraud or otherwise, insuffcient sureties
have been accepted, or if they afterwards become insuffcient, the court
may issue a warrant of arrest directing that the person released on bail
be brought before it, and may order him to fnd suffcient sureties, and
on his failing so to do may commit him to prison.
128. (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 fnd other
suffcient sureties, and if he fails to do so may commit him to prison.
129. 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 fnd a new surety.
130. 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 ft to admit him to bail upon further
recognizance.
131. (1) Whenever it is proved to the satisfaction of a court by
which a recognizance under this Code has been taken, or, when the
Deposit instead of
recognizance.
13 of 1967, 1st Sch.,
4 of 1974, Sch.
Power to order
suffcient bail when
that frst taken is
insuffcient.
Discharge of sureties.
Death of surety.
Persons bound
by recognizance
absconding may be
committed.
Forfeiture of
recognizance
Criminal Procedure Code CAP. 75 49 Rev. 2010]

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.
(2) If suffcient 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 certifed 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 certifed copy is so
used, the court shall presume that the offence was committed by him
unless the contrary is proved.
132. All orders passed under section 131 by a magistrate shall
be appealable to and may be revised by the High Court.
133. 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. Every charge or information shall contain, and shall be
suffcient if it contains, a statement of the specifc 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.
Appeal from and
revision of orders.
Power to direct
levy of amount
due on certain
recognizances.
Offence to be
specifed in charge
or information with
necessary particulars.
50 CAP. 75 Criminal Procedure Code [Rev. 2010

135. (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.
(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. 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, and persons accused
of receiving or retaining property, possession of which is
alleged to have been transferred by an offence committed
by the frst-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.
Joinder of counts
in a charge or
information.
Joinder of two or
more accused in
one charge or
information.
Cap. 63.
Criminal Procedure Code CAP. 75 51 Rev. 2010]

137. 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) 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;
(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) 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
Rules for the framing
of charges and
informations.
22 of 1959, s. 14,
13 of 1967, 1st Sch.,
L.N. 124/1964.
Mode in which
offences are to be
charged.
Provisions as to
statutory offences.
52 CAP. 75 Criminal Procedure Code [Rev. 2010

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 qualifcations to, the operation of
the enactment creating the offence;
(c) (i) 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 suffcient 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 suffcient 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;
(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;
Description of
property.
Criminal Procedure Code CAP. 75 53 Rev. 2010]
[Issue 1]
(d) 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 suffcient 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) where it is necessary to refer to a document or instrument in
a charge or information, it shall be suffcient 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) subject to any other provisions of this section, it shall be
suffcient 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) 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) 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) fgures and abbreviations may be used for expressing
anything which is commonly expressed thereby;
(j) when a person is charged with an offence under section 280,
281, 282 or 283 of the Penal Code, it shall be suffcient 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.
Description of
persons.
Description of
document.
General rule as to
description.
Statement of intent.
Mode of charging
previous convictions.
Use of fgures and
abbreviations.
Gross sum may be
specifed in certain
cases of stealing.
Cap. 63.
54 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
plea aGreements
137A. (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 sub-section (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.
137B. A plea agreement on behalf of the Republic shall be entered
into by the Director of Public Prosecutions or offcers 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 offcers subordinate to him, as the case may be, enter
into a plea agreement in accordance with section 137A (1).
137C. (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 notifed 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.
11 of 2008, s. 3.
Plea agreement
negotiation.
12 of 2012, Sch.
Plea agreement on
behalf of Republic.
12 of 2012, Sch.
Initiation of plea
agreement.
Criminal Procedure Code CAP. 75 55 Rev. 2010]

Consultation with
victim, etc.
Form of plea
agreement.
Recording of plea
agreement by court.
137D. A prosecutor shall only enter into a plea agreement in
accordance with section 137A
(a) after consultation with the police offcer 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. 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 certifcate by the interpreter
to the effect that the interpreter is profcient 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. (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;
56 CAP. 75 Criminal Procedure Code [Rev. 2010

Competence of
accused to make a
plea agreement.
(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;
(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,
fne, community service order, probation or conditional or
unconditional discharge;
(e) any mandatory minimum penalty;
(f) any applicable forfeiture;
(g) the courts 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 prosecutions 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 satisfed that there
exists a factual basis of the plea agreement.
137G. The court shall, before recording a plea agreement, satisfy
itself that at the time the agreement was entered into, the accused person
Criminal Procedure Code CAP. 75 57 Rev. 2010]
[Issue 1]
Record of factual
basis of plea.
Address by parties.
Rejection of plea
agreement.
was competent, of sound mind and acted voluntarily.
137H. (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. (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;
(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 offcers report.
137J. (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
58 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
Withdrawal of plea.
Finality of
judgement.
12 of 2012, Sch.
Protection of plea
agreement process.
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. 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. (1) Subject to subsection (2), the sentence passed by a court
under this Part shall be fnal and no appeal shall lie therefrom except
as to the extent or legality of the sentence imposed.
(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
sub section (2), the provisions of section 137J shall apply mutatis
mutandis.
137M. 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.
Criminal Procedure Code CAP. 75 59 Rev. 2010]
[Issue 1]
Application.
No. 3 of 2006.
Rules under this
sub-Part.
Persons convicted or
acquitted not to be
tried again
for same offence.
Person may be tried
again for separate
offence.
Consequences
supervening or not
known at time of
former trial.
Where original court
was not competent
to try subsequent
charge.
Mode of proof of
previous conviction.
L.N. 299/1956,
L.N. 172/1960,
13 of 1982, 1st Sch.
137N. This Part shall not apply to
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against
humanity.
137O. 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. 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. 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. 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.
141. 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 frst tried was not competent to try the offence with which he is
subsequently charged.
142. (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 certifed, under the hand of the offcer 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 certifcate signed by the offcer in charge of the prison in
60 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
which the punishment or any part thereof was inficted, 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 certifcate in the form prescribed by the Minister given
under the hand of an offcer appointed by the Minister in that behalf,
who has compared the fnger prints of an accused person with the fnger
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
fnger prints of the accused.
(3) A previous conviction in a place outside Kenya may be
proved by the production of a certifcate purporting to be given under
the hand of a police offcer in the country where the conviction was
had, containing a copy of the sentence or order, and the fnger prints,
or photographs of the fnger prints, of the person so convicted, together
with evidence that the fnger prints of the person so convicted are those
of the accused person.
(4) A certifcate under this section shall be prima facie evidence
of all facts stated therein without proof that the offcer purporting to
sign it did in fact sign it and was empowered so to do.
offenCes by foreiGners within territorial waters
143. (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 certifcate that
it is expedient that proceedings should be instituted:
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 certifcate;
(ii) it shall not be necessary to aver in a charge or information that
the consent or certifcate 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
Leave of Director of
Public Prosecution
necessary before
prosecution
instituted.
13 of 1967, 1st Sch.
L.N. 299/1956,
L.N. 172/1960,
L.N. 474/1963,
L.N.6/1989, 2nd Sch,
12 of 2012, Sch.
Criminal Procedure Code CAP. 75 61 Rev. 2010]

containing the consent and certifcate shall be suffcient evidence
for all the purposes of this section of that consent and certifcate;
(iii) this section shall not prejudice or affect the trial of an act of
piracy as defned 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.
CompellinG attendanCe of witnesses
144. (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 specifed or otherwise suffciently
described in the summons.
(2) Nothing in this section shall affect the provisions of sections
131 and 132 of the Evidence Act.
145. If, without suffcient 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 specifed.
146. If the court is satisfed 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 specifed.
147. 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. (1) A court desirous of examining, as a witness, in a case
pending before it, a person confned in prison within the local limits of
its jurisdiction, may issue an order to the offcer 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.
Summons for
witness.
46 of 1963, s. 183.
Cap. 80.
Warrant for witness
who disobeys
summons.
Warrant for witness
in frst instance.
Mode of dealing
with witness arrested
under warrant.
Power of court to
order prisoner to
be brought up for
examination.
62 CAP. 75 Criminal Procedure Code [Rev. 2010

(2) The offcer 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. (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 fne not exceeding
fve thousand shillings.
(2) The fne 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 fne by attachment and sale the
witness may, by order of the court, be imprisoned as a civil prisoner for
a term of ffteen days unless the fne is paid before the end of term.
(4) For good cause shown, the High Court may remit or reduce a
fne imposed under this section by a subordinate court.
examination of witnesses
150. 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.
151. 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.
152. (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
Penalty for non-
attendance of
witness.
5 of 2003, s. 72
Power to summon
witnesses, or
examine person
present.
Evidence to be given
on oath.
42 of 1954, s. 4.
Refractory witnesses.
Criminal Procedure Code CAP. 75 63 Rev. 2010]
[Issue 1]
(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 suffcient 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
suffcient evidence taken before it.
153. (Repealed by 46 of 1963, 2nd Sch.)
Commissions for the examination of witnesses
154. (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 frst class is satisfed 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.
155. (1) The parties to a proceeding under this Code in which a
commission is issued may respectively forward any interrogatories in
Issue of commission
for examination of
witness.
Parties may examine
witnesses.
64 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
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. 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 frst 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. (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 frst
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.
(2) A deposition so taken, if it satisfes the conditions prescribed
by section 34 of the Evidence Act may also be received in evidence at
a subsequent stage of the case before another court.
158. In a case in which a commission is issued under section 154
or section 156, the proceedings may be adjourned for a specifed time
reasonably suffcient for the execution and return of the commission.
evidenCe for defenCe

159. (Repealed by 46 of 1963, 2nd Sch.)
160. 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.
161. 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
Power of magistrate
to apply for issue of
commission.
Return of
commission.
46 of 1963, s. 183.
Cap. 80.
Adjournment of
inquiry or trial.
Procedure where
person charged is
only witness.
Right of reply.
12 of 2012, Sch.
Criminal Procedure Code CAP. 75 65 Rev. 2010]
[Issue 1]
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*. (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 suffcient 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
offcer as the court may appoint in that behalf.
(4) If the case is one in which bail may not be taken, or if suffcient
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 ft, and shall
transmit the court record or a certifed 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
suffcient 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.
163. (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
offcer in charge of the mental hospital or place to be capable of making
his defence, the medical offcer shall forthwith forward a certifcate to
that effect to the Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall thereupon inform the
court which recorded the fnding concerning that person under section
Inquiry by court as to
soundness of mind of
accused.
22 of 1959, s. 15,
13 of 1967, 1st Sch.,
L.N. 124/1964,
13 of 1982, 1st Sch.
Procedure where
person of unsound
mind subsequently
found capable of
making defence.
22 of 1959, s. 16,
13 of 1967, 1st Sch.
20 of 1989, Sch.
12 of 2012, Sch.
*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.
66 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
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.
164. 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 frst time.
165. (Repealed by 5 of 2003, s. 74.)
166. *(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 fnding 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 fnding 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 offcer 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 Presidents order and thereafter at the
expiration of each period of two years from the date of the last report.
Resumption of
proceedings or trial.
5 of 2003, s.73.
Defence of lunacy
adduced at trial.
22 of 1959, s. 16,
13 of 1967, 1st Sch.,
L.N. 124/1964.

Criminal Procedure Code CAP. 75 67 Rev. 2010]

(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 ft.
(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 ft.
(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.
167. *(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 Presidents pleasure; but every such order shall be
subject to confrmation 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
satisfed that the evidence would justify a conviction, shall order that
the accused person be detained during the Presidents pleasure.
(2) A person ordered to be detained during the Presidents 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.
Procedure when
accused does not
understand
proceedings.
22 of 1959, s. 16,
13 of 1967, 1st Sch.,
L.N. 124/1964,
13 of 1982, s. 4,
5 of 2003, s.75.
*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.
68 CAP. 75 Criminal Procedure Code [Rev. 2010

(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 ft.
(4) When a person has been ordered to be detained during the
Presidents pleasure under paragraph (a) or paragraph (b) of subsection
(1), the confrming 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 ft to make.
JudGment
168. (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 fne 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 notifed 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. (1) Every such judgment shall, except as otherwise expressly
provided by this Code, be written by or under the direction of the
presiding offcer of the court in the language of the court, and shall
contain the point or points for determination, the decision thereon and the
Mode of delivering
judgment.
Contents of
judgment.
22 of 1959, s.17.
Criminal Procedure Code CAP. 75 69 Rev. 2010]

reasons for the decision, and shall be dated and signed by the presiding
offcer 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.
170. 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;
Costs and Compensation
171. (1) A judge of the High Court or a magistrate of a subordinate
court of the frst 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 ft,
in addition to any other penalty imposed.
(2) A judge of the High Court or a magistrate of a subordinate court
of the frst 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 ft:
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.
172. 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 13 of 1967, s.5.)
Copy of judgment,
etc., to be given
to accused on
application.
5 of 2003, s.76.
Power to order costs
against accused or
private prosecutor.
5 of 2003, s.77.
Right of appeal from
order as to costs.

70 CAP. 75 Criminal Procedure Code [Rev. 2010

174. (1) Sums allowed for costs awarded under section 171 shall
in all cases be specifed 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.
175. (1) A court which -
(a) on convicting a person of an offence, imposes a fne, or a
sentence of which a fne forms part; or
(b) on appeal, revision or otherwise, confrms such a sentence,
may, when passing judgment, order the whole or any part of the
fne recovered to be applied in defraying expenses properly incurred in
the prosecution of the offence.
(2) A court which-
(a) convicts a person of an offence or, on appeal, revision or
otherwise, confrms the conviction; and
(b) fnds, 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 confrm
as damages in civil proceedings; or
(b) in any case where, by reason of -
Costs and
compensation to be
specifed in order,
how recoverable.
13 of 1967, 1st Sch.
Cap. 63.
Power of courts to
award expenses or
compensation out
of fne.
5 of 2003, s. 78
Criminal Procedure Code CAP. 75 71 Rev. 2010]

(i) the complexity of evidentiary matters affecting the quantum
of damages;
(ii) the insuffciency of evidence before it in relation to such
damages or their quantum;
(iii) the provisions of the Limitation of Actions Act; 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 confrmed
by the court determining the appeal.
(5) A court determining an appeal referred to in subsection (4) shall
affrm, 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.
176. In all cases the court may promote reconciliation and
encourage and facilitate the settlement in an amicable way of proceedings
for common assault, or for any other offence of a personal or private
nature not amounting to felony, and not aggravated in degree, on terms
of payment of compensation or other terms approved by the court, and
may thereupon order the proceedings to be stayed or terminated.
restitution of property
177. 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 -
Cap 22
Promotion of
reconciliation.
Property found on
accused person.
72 CAP. 75 Criminal Procedure Code [Rev. 2010

(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 fne or any costs or compensation directed to be paid by the
person charged.
178. (1) If a person guilty of an offence mentioned in Chapters
XXVI to XXXI, both inclusive, of the Penal Code, 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 defned in the Sale of Goods Act 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 -
Property stolen.
27 of l961, Sch.,
11 of 1970, Sch.,
Cap. 63.
Cap. 31.
Criminal Procedure Code CAP. 75 73 Rev. 2010]

(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,
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.
ConviCtions for offenCes other than those CharGed
179. (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. 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. (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
When offence proved
is included in offence
charged.
Persons charged with
any offence may be
convicted of attempt.
Charges of certain
offences respecting
infant and unborn
children, and
abortion, etc.
74 CAP. 75 Criminal Procedure Code [Rev. 2010

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 is not guilty of murder, manslaughter or
infanticide or an offence under section 158 or section 159 of the Penal
Code, 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. 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 Traffc Act, he may be convicted of that offence
although he was not charged with it.
183. Where a person is charged with an offence under paragraph
(a) of section 61 of the Penal Code, 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.
184. 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.
Cap. 63.
Charge of
manslaughter in
connexion with
driving of motor
vehicle.
29 of 1967, 1st Sch.
Cap. 403.
Charge of
administering oaths.
57 of 1955, s. 5,
19 of 1964, s. 2,
L.N. 761/1963.
Cap. 63.
Charge of rape.
3 of 2006, Sch. 2, s.
3 (2).
Criminal Procedure Code CAP. 75 75 Rev. 2010]

185. (Repealed by 3 of 2006, 2nd Sch.)
(b) With offences under the Sexual Offences Act;
186. When a person is charged with the deflement 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.
187. When a person is charged with an offence mentioned in
Chapter XXIX of the Penal Code 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. 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, 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.
189. 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. When a person is charged with the offence of stock theft
under the Penal Code 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, he may be convicted of that offence
although he was not charged with it.
191. 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.
3 of 2006, Sch 2,
s. 3 (3)
Charge of deflement
of a girl under 14
years of age.
15 of 1961, Sch.,
10 of 1969, Sch.,
3 of 2006, Sch 2,
s. 3 (4).
Charge of Burglary,
etc.
Cap. 63.
Charge of stealing.
22 of 1959, s. 20.
Cap. 63.
Charge of obtaining
by false pretences.
Charge of stock
theft under the Penal
Code.
13 of 1967, 1st Sch.
Cap. 63.
Cap. 355.
Construction of
sections 179 to 190.
76 CAP. 75 Criminal Procedure Code [Rev. 2010

misCellaneous provisions
192. 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 ft to direct that person to be prosecuted for felony,
whereupon he may be dealt with as if not previously put on trial for
misdemeanour.
193. 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. 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.
PART V - MODE OF TAKING AND RECORDING
EVIDENCE IN TRIALS
General
194. 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).
195 and 196. (Repealed by 46 of 1963, 2nd Sch.)
subordinate Courts
197. (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.
Person charged with
misdemeanour not to
be acquitted if felony
proved, unless court
so directs.
Right of accused to
be defended.
Concurrent criminal
and civil proceedings.
5 of 2003, s.79
Evidence to be
taken in presence of
accused.
13 of 1982, 1st Sch.
Manner of recording
evidence before
magistrate.
57 of 1955, s. 6,
22 of 1959, s. 22,
13 of 1982, 1st Sch.
Criminal Procedure Code CAP. 75 77 Rev. 2010]

(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.
198. (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.
199. 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. (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.
(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.
Interpretation of
evidence to accused
or his advocate.
17 of 1967, s. 28.

Remarks respecting
demeanour of
witness.
Conviction on
evidence partly
recorded by one
magistrate and partly
by another.
13 of 1982, 1st sch.,
11 of 1983, Sch.
78 CAP. 75 Criminal Procedure Code [Rev. 2010

(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.
hiGh Court
201. (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.
PART VI - PROCEDURE IN TRIALS BEFORE
SUBORDINATE COURTS
provisions relatinG to the hearinG and determination of Cases
202. 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 ft, 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 ft.
203. 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. If a complainant, at any time before a fnal order is passed in
a case under this Part, satisfes the court that there are suffcient grounds
Rules as to taking
down of evidence.
27 of 1961, Sch.
7 of 2007, Sch.
Non-appearance
of complainant at
hearing.
10 of 1969, Sch.
Appearance of both
parties.
Withdrawal of
complaint.
Criminal Procedure Code CAP. 75 79 Rev. 2010]

for permitting him to withdraw his complaint, the court may permit him
to withdraw it and shall thereupon acquit the accused.
205. (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 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 ffteen clear days, the day following that on which the
adjournment is made being counted as the frst 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
fve miles of the court-house; or
(b) for not more than seven clear days if there is no prison within
fve 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 ffteen
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 fne, or by imprisonment not exceeding
twelve months with or without a fne prison shall be deemed to
include a detention camp established in accordance with the Detention
Camps Act.
206. (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 satisfed that his absence was
from causes over which he had no control, and that he had a probable
Adjournment.
22 of 1959, s. 24,
21 of 1971, s. 8.
Cap. 91.
Non-appearance
of parties after
adjournment.
80 CAP. 75 Criminal Procedure Code [Rev. 2010

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.
207. (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;
(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 suffcient 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 Presidents pardon for his offence,
the court shall frst 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 fnds that the plea is false, the accused shall be required
to plead to the charge.
208. (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).
11 of 2008, s. 4.
Accused to be called
upon to plead.
22 of 1959, s. 25,
13 of 1967, 1st Sch.,
4 of 1974, Sch.,
11 of 2008, s. 4.
Procedure on plea of
not guilty.
Criminal Procedure Code CAP. 75 81 Rev. 2010]

(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 13 of 1982, 1
st
Sch.)
210. 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 suffciently to require him to make a defence, the court
shall dismiss the case and shall forthwith acquit him.
211. (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 suffciently to 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 satisfed 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.
212. 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. 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.
Acquittal of accused
person when no case
to answer.
13 of 1967, 1st Sch.
Defence.
13 of 1967, 1st Sch.
Evidence in reply.
Order of speeches.
13 of 1967, s. 2.
82 CAP. 75 Criminal Procedure Code [Rev. 2010

214. (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.
(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. 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. The court may, before passing sentence or making an order
against an accused person under section 215, receive such evidence as
it thinks ft in order to inform itself as to the sentence or order properly
to be passed or made.
217. 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 offcer of the court.
218. The production of a copy of the order of acquittal, certifed
by the clerk or other offcer 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.
Variance between
charge and evidence,
and amendment of
charge.
Decision.
Evidence relative to
proper sentence or
order.
22 of 1959, s.26.
Drawing up of
conviction or order.
Order of acquittal bar
to further procedure.
Criminal Procedure Code CAP. 75 83 Rev. 2010]

limitations and exCeptions relatinG to trials before
subordinate Courts
219. 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 fne 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 5 of 2003, s. 80.)
221. (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
frst 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 inficted than it has power to infict, that
court may, instead of dealing with him itself, commit him in custody
to the Resident Magistrates Court for sentence.
(2) Where a person who is not less than eighteen years of age is
convicted by a subordinate court of the frst 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 such that greater punishment
should be inficted than it has power to infict, 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 frst 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.
PART VII
222 to 229. (Repealed by 33 of 1963, 1st Sch.)
PART VIII
230 to 235. (Repealed by 5 of 2003, s. 82.)
236 to 245. (Repealed by 13 of 1982, s. 7.)
246 to 253. (Repealed by 5 of 2003, s. 82.)
254 to 260. (Repealed by 13 of 1982, s. 8.)
Limitation of time
for summary trials in
certain cases.
Committal to higher
court for sentence.
17 of 1967, s.29,
5 of 2003, s. 8.
84 CAP. 75 Criminal Procedure Code [Rev. 2010

PART IX-PROCEDURE IN TRIALS BEFORE THE
HIGH COURT
261. (Repealed by 5 of 2003, s. 83.)
262 - 263. (Repealed by 7 of 2007, Sch.)
264. (Repealed by 33 of 1963, 1st Sch.)
265 - 266. (Repealed by 7 of 2007, Sch.)
267 - 268. (Repealed by 33 of 1963, 1st Sch.)
269 - 271. (Repealed by 7 of 2007, Sch.)
272. (Repealed by 33 of 1963, 1st Sch.)
273. (Repealed by 7 of 2007, Sch.)
arraiGnment
274. 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 offcer of the court, and explained if need
be by that offcer 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 fnds that he has not been
duly served therewith.
275. (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 fled 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.
Pleading to
information.
Orders for
amendment of
information,
separate trial, and
postponement of
trial.
33 of 1963, 1st Sch.
Criminal Procedure Code CAP. 75 85 Rev. 2010]

(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.
(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 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 ft.
(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.
276. (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 offcer of the court by or on behalf of the accused
and shall be entered upon the record.
277. 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;
Quashing of
information.
Procedure in case of
previous convictions.
33 of 1963, 1st Sch.
86 CAP. 75 Criminal Procedure Code [Rev. 2010

(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.
278. 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. (1) An accused person against whom an information is fled
may plead -
(a) that he has been previously convicted or acquitted of the same
offence; or
(b) that he has obtained the Presidents 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 fnds that it is false, the accused shall be required
to plead to the information.
280. (1) If an accused person being arraigned upon an information
stands mute of malice, or neither will nor by reason of infrmity can,
answer directly to the information, the court may order the Registrar
or other offcer 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 ft, and shall report the case for
the order of the President.
Effect of plea of not
guilty.
Plea of autrefois
acquit and autrefois
convict.
13 of 1967, 1st Sch.
Refusal to plead.
L.N. 124/1964.
Criminal Procedure Code CAP. 75 87 Rev. 2010]

(2) The President may order the accused person to be confned in
a lunatic asylum, prison or other suitable place for safe custody.
281. (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.
282. 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:
283. (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 ft 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 to 296. (Repealed by 33 of 1963, 1st Sch.)
297-299. (Repealed by 7 of 2007, Sch.)
Case for the proseCution
300. 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.
301. (Repealed by 5 of 2003, s. 84.)
302. 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 and 304. (Repealed by 13 of 1982, 1st Sch.)
305. (Repealed by 5 of 2003, s. 85.)
Plea generally and
application of Part
IVA.
11 of 2008, s. 5.
Procedure on plea of
not guilty.
33 of 1963, 1st Sch.
7 of 2007, Sch.
Power to postpone or
adjourn proceedings.
Opening of case for
prosecution.
33 of 1963, 1st Sch.,
7 of 2007, Sch.
Cross-examination
of witnesses for
prosecution.
88 CAP. 75 Criminal Procedure Code [Rev. 2010

306. (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 fnding
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.
Case for the defenCe
307. (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.
(2) (Repealed by 5 of 2003, s. 87.)
308. 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.
309. 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. If the accused person, or any one of several accused persons,
adduces any evidence, the advocate for the prosecution shall, subject
Close of case for
prosecution.
33 of 1963, 1st Sch.,
20 of 1965, s. 33,
5 of 2003, s. 86.
Defence.
13 of 1982, s. 10,
5 of 2003, s. 87.
Additional witnesses
for the defence.
13 of 1982, 1st Sch.,
11 of 1983, Sch.
Evidence in reply.
Prosecutors reply.
Criminal Procedure Code CAP. 75 89 Rev. 2010]

to the provisions of section 161, be entitled to reply.
311. 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 to 321. (Repealed by 33 of 1963, 1st Sch.)
Close of hearinG
322. (1) When the case on both sides is closed, the judge shall
then give judgment.
(2) If the accused person is convicted, the judge shall pass sentence
on him according to law.
passinG sentenCe
323. If the judge convicts the accused person, or if the accused
person pleads guilty, the Registrar or other offcer 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.
324. (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
fxed for that purpose.
(3) If the court decides in favour of the accused, he shall be
discharged from that information.
325. 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. The court before which a person is tried for an offence may
reserve the giving of its fnal decision on questions raised at the trial,
and its decision whenever given shall be considered as given at the
time of the trial.
Where accused
adduces no evidence.
Delivery of judgment
7 of 2007, Sch.
Calling upon the
accused.
33 of 1963, 1st Sch.
Motion in arrest of
judgment.
Sentence.
Power to reserve
decision on question
raised at trial.
90 CAP. 75 Criminal Procedure Code [Rev. 2010

327. (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 fnally 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 ft.
328. 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.
329. The court may, before passing sentence, receive such
evidence as it thinks ft in order to inform itself as to the proper sentence
to be passed.
PART IXA - VICTIM IMPACT STATEMENTS
329A. 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 victims 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 victims immediate family means -
(a) the victims spouse;
(b) the victims 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;
Power to reserve
questions arising in
the course of the trial.
Objections cured by
verdict.
33 of 1963, 1st Sch.
Evidence for arriving
at a proper sentence.
Interpretation.
5 of 2003, s. 88.

Criminal Procedure Code CAP. 75 91 Rev. 2010]

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 infiction 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
victims death on the members of the primary victims immediate
family.
329B. 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.
329C. (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
fled 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.
Application of Part.
5 of 2003, s. 88.
When victim impact
statements may
be received and
considered.
5 of 2003, s. 88.
92 CAP. 75 Criminal Procedure Code [Rev. 2010

(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.
329D. (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.
329E. (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 victims 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.
329F. The Chief Justice may make any rules of court necessary
or expedient to be made for carrying this Part into effect.
PART X - SENTENCES AND THEIR EXECUTION
sentenCe of death
330. 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. A certifcate under the hand of the Registrar or other offcer
of the court that sentence of death has been passed, and naming the
person condemned, shall be suffcient authority for the detention of
that person.
Victim impact
statements
discretionary.
5 of 2003, s.88.
Formal requirements
for victim impact
statements.
5 of 2003, s. 88.
Rules of court.
5 of 2003, s. 88.
Accused to be
informed of right to
appeal.
Authority for
detention.
Criminal Procedure Code CAP. 75 93 Rev. 2010]

332. (1) As soon as conveniently may be after sentence of death
has been pronounced, if no appeal from the sentence is confrmed,
then as soon as conveniently may be after confrmation, 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 ft to
make.
(2) The President, after considering the report, shall communicate
to the judge, or his successor in offce, 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 Presidents 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 offcer specifed in the warrant.
(4) The warrant, or order, or pardon, of the President shall be
suffcient 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.
other sentenCes
333. (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 offcer
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.
Record and report to
be sent to President.
36 of 1962, Sch.,
L.N. 182/1958,
L.N. 124/1964.
Warrant in case
of sentence of
imprisonment.
94 CAP. 75 Criminal Procedure Code [Rev. 2010

(2) Subject to the provisions of section 38 of the Penal Code
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.
334. (1) When a court orders money to be paid by an accused
person or by a prosecutor or complainant for fne, 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 suffcient movable property to satisfy
the order his immovable property shall not be sold.
(2) The person may pay or tender to the offcer 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 offcer 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 frst or second class within the local limits of whose jurisdiction
the property was found.
335. (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
affdavit, which shall be fled 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 offcer having the
execution of the warrant, direct the stay of the execution proceedings.
(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 specifed in the notice.
Cap. 63.
7 of 2007, Sch.
Warrant for levy of
fne, etc.
Objections to
attachment.
Criminal Procedure Code CAP. 75 95 Rev. 2010]

(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 fne, upon
the person entitled to the proceeds of the sale of the property; and the
notice shall specify the time and place fxed 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 fxed 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 satisfed 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 ft, from attachment.
(7) If, upon the date fxed 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 ft.
(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. (1) When a convicted person has been sentenced to a fne
only and to imprisonment in default of payment of a fne, 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 ft, 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 fne not having been realized
Suspension of
execution of sentence
of imprisonment in
default of fne.
96 CAP. 75 Criminal Procedure Code [Rev. 2010

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 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 ft; 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 applicable to a sentence of a fne 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
frst 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 frst instance a warrant for his arrest.
337. If the offcer having the execution of a warrant of distress
reports that he could fnd no property or not suffcient 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 specifed in the warrant, unless the money and
all expenses of the distress, commitment and conveyance to prison, to
be specifed in the warrant, are sooner paid.
338. 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,
Cap. 63.
Commitment for
want of distress.
Commitment in lieu
of distress.
Criminal Procedure Code CAP. 75 97 Rev. 2010]
[Issue 1]
or (by his confession or otherwise) that he has no property whereon the
distress may be levied, or other suffcient reason appears to the court, the
court may, instead of or after issuing a warrant of distress, commit him
to prison for a time specifed in the warrant, unless the money and all
expenses of the commitment and conveyance to prison, to be specifed
in the warrant, are sooner paid.
339. 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.
340. (1) If a person who is confned 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 offcer in charge of a prison in which a person is confned
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. 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 offce.
342. 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 to 344. (Repealed by 5 of 2003, s. 89.)
343 to 344. (Repealed by 5 of 2003, s. 90.)
344A. (Repealed by 5 of 2003, s. 91.)
345. (Repealed by 5 of 2003, s. 92.)
defeCts in order or warrant
346. 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
Payment in full after
commitment.
Part payment after
commitment.
Who may issue
warrant.
Limitation of
imprisonment for
non-payment of fne,
etc.
Errors and omissions
in orders and
warrants.
98 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
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. (1) Save as is in this Part provided -
(a) a person convicted on a trial held by a subordinate court of
the frst or second class may appeal to the High Court; and
(b) (Repealed by 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.
348. 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.
348A. 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.
349. 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 satisfed 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.
350. (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
Appeal to High
Court.
17 of 1967, s. 30.
No appeal on plea of
guilty, nor in petty
cases.
17 of 1967, s. 31.
Right of appeal
against acquittal,
order of refusal or
order of dismissal.
13 of 1967, s. 3.
12 of 2012, Sch.
Limitation of time of
appeal.
57 of 1955, s. 9,
22 of 1959, s. 34,
17 of 1967, s. 32,
L.N. 22/1984.
Petition of appeal.
57 of 1955, s. 10,
L.N. 124/1964,
L.N. 280/1967.
Criminal Procedure Code CAP. 75 99 Rev. 2010]
[Issue 1]
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 fve
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 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 certifed 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;
12 of 2012, Sch.
E.A. Cap. 17,
Sub. Leg.
100 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
(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 ft 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.
351. If the appellant is in prison, he may present his petition of
appeal and the copies accompanying it to the offcer in charge of the
prison, who shall thereupon forward the petition and copies to the
Registrar of the High Court.

352. (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 suffcient ground for interfering, may, notwithstanding the
provisions of section 359, reject the appeal summarily:
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 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 suffcient 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
satisfed that the appeal has been lodged without any suffcient 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.
Appellant in prison.
Summary rejection of
appeal.
17 of 1967, s. 33,
5 of 2003, s.94.
12 of 2012, Sch.
Criminal Procedure Code CAP. 75 101 Rev. 2010]
[Issue 1]
352A. Where an appeal against conviction has been lodged and
a judge of the High Court is satisfed 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.
353. 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.
354. (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 suffcient
ground for interfering, dismiss the appeal or may -
(a) in an appeal from a conviction -
(i) reverse the fnding and sentence, and acquit or discharge the
accused, or order him to be tried by a court of competent jurisdiction;
or
(ii) alter the fnding, maintaining the sentence, or, with or without
altering the fnding, reduce or increase the sentence; or
(iii) with or without a reduction or increase and with or without
altering the fnding, alter the nature of the sentence;
(b) in an appeal against sentence, increase or reduce the sentence
or alter the nature of the sentence;
(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, affrm 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
Summary allowance
of appeal.
17 of 1967, s. 34.
12 of 2012, Sch.
Notice of time and
place of hearing.
13 of 1967, 1st Sch.
Powers of High
Court.
22 of 1959, s. 35,
13 of 1967, 1st Sch.,
10 of 1969, 1st Sch.,
5 of 2003, s. 95.
102 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
as to costs, as the High Court may think ft;
(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.
355. (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 certifes 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. (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
Order of the High
Court to be certifed
to lower court.
Bail and stay of
execution pending
the entering of an
appeal.
22 of 1959, s. 36.
Criminal Procedure Code CAP. 75 103 Rev. 2010]

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.
357. (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
confrmed, 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 fnally sentenced.
(3) The Chief Justice may make rules of court to regulate the
procedure in cases under this section.
358. (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.
Admission to bail
or suspension of
sentence pending
appeal.
22 of 1959, s. 37,
27 of 1961, Sch.
Power to take further
evidence.
104 CAP. 75 Criminal Procedure Code [Rev. 2010

359. (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.
360. Every appeal from a subordinate court (except an appeal from
a sentence of a fne) shall fnally abate on the death of the appellant.
361. (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 frst 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
frst appellate court could have made, or may remit the case, together
with its judgment or order thereon, to the frst 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 appellant has been properly convicted,
either affrm the sentence passed by the subordinate court or by the
frst 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 frst appellate court could lawfully
have found him guilty of some other offence, and on the fnding of the
subordinate court or of the frst appellate court it appears to the Court
of Appeal that the court must have been satisfed 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
Number of judges on
an appeal.
16 of 1977, Sch.
Abatement of
appeals.
Second appeals.
22 of 1959, s. 38,
13 of 1978, Sch.,
13 of l982, s. 11.
Criminal Procedure Code CAP. 75 105 Rev. 2010]

Power of High Court
to call for records.
Subordinate court
may call for records
of inferior court.
17 of 1967, s. 35.
by the subordinate court or by the frst 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 frst 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 fnal.
Revision
362. 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 fnding,
sentence or order recorded or passed, and as to the regularity of any
proceedings of any such subordinate court.
363. (1) A subordinate court of the frst 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 fnding, sentence or order recorded or passed, and as
to the regularity of the proceedings.
(2) If a subordinate court acting under subsection (1) considers
that a fnding, sentence or order of the court of lower class is illegal or
106 CAP. 75 Criminal Procedure Code [Rev. 2010

Powers of High
Court on revision.
10 of 1970, Sch.
Discretion of court as
to hearing parties.
Number of judges in
revision.
improper, or that the proceedings were irregular, it shall forward the
record with its remarks thereon to the High Court.
364. (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 infict a greater
punishment for the offence which in the opinion of the High Court the
accused has committed than might have been inficted by the court
which imposed the sentence.
(4) Nothing in this section shall be deemed to authorize the High
Court to convert a fnding of acquittal into one of conviction.
(5) When an appeal lies from a fnding, 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.
365. 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. 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:
Criminal Procedure Code CAP. 75 107 Rev. 2010]
[Issue 1]
High Court order to
be certifed to lower
court.
Appeals from High
Court to Court of
Appeal.
22 of 1959, s. 39,
12 of 2012, Sch.
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.
367. 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 certifed shall thereupon make such orders as are conformable to
the decision so certifed, and, if necessary, the record shall be amended
in accordance therewith.
368 to 378. (Repealed by 13 of 1967, s. 5.)
appeals from the hiGh Court
379. (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 fne 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 fxed 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 fne exceeding two hundred shillings but not exceeding two
thousand shillings; or
(c) a fne 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 certifcate of
the trial judge that it is a ft case for appeal, appeal against his conviction
on any ground which appears to the Court of Appeal, or to the judge,
to be a suffcient ground of appeal.
(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.
108 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
(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 fled
with the Registrar of that court a certifcate 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 certifes 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.
PART XII - SUPPLEMENTARY PROVISIONS
irreGular proCeedinGs
380. No fnding, 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.
381. (Repealed by 33 of 1963, 1st Sch.)
382. Subject to the provisions hereinbefore contained, no fnding,
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:
7 of 1990, Sch.,
L.N. 274 of 1990.
Proceedings in wrong
place.
L.N. 124/1964.
Finding or sentence
when reversible by
reason of error or
omission in charge or
other proceedings.
33 of 1963, 1st Sch.
Criminal Procedure Code CAP. 75 109 Rev. 2010]
[Issue 1]
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.
383. 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. (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 fnds 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, the statement shall be admitted, if the error has not injured
the accused as to his defence on the merits.
inquiries as to sudden deaths and missinG persons
believed to be dead
385. A magistrate empowered to hold a subordinate court of the
frst, or second class, and a magistrate specially empowered in that
behalf by the Chief Justice, shall be empowered to hold inquests.
386. (1) The offcer in charge of a police station, or any other
offcer 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; or
(c) has died under circumstances raising a reasonable suspicion
that some other person has committed an offence; or
(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
Distress not
illegal for defect in
proceedings.
Statements
irregularly taken
under section 246.
5 of 2003, s. 96
Cap. 80.
Magistrates
empowered
to hold inquests.
L.N. 299/1956,
L.N. 172/1960,
L.N. 474/1963,
5 of 2003, s. 97.
Police to inquire and
report on suicide, etc.
L.N.299/1956,
L.N.172/1960,
L.N. 11/1993, Sch,
12 of 2012, Sch.
110 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
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 inficted; and the 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 offcer 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 offcer 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 fnding the body or becoming aware
of the death shall immediately give information thereof to the nearest
administrative offcer or police offcer.
387. (1) When a person dies while in the custody of the police,
or of a prison offcer, 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
offcer, 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
Inquiry by magistrate
into cause of death.
L.N. 474/1963,
11 of 1993, Sch,
12 of 2012, Sch.
Criminal Procedure Code CAP. 75 111 Rev. 2010]
[Issue 1]
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.
(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 fndings 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 should be reduced and if so what lesser period should, in the
circumstances of the death, be substituted for the period of seven years.
388. (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 ft.
(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
Cap. 80.
Powers of Attorney-
General as to
inquiries into cause
of death.
22 of 1959, s. 40,
11 of 1993, Sch,
12 of 2012, Sch.
112 CAP. 75 Criminal Procedure Code [Rev. 2010
[Issue 1]
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 offcer entitled to apply for and receive a grant of
representation under the Law of Succession Act, of a court certifed copy
of the magistrates order, to issue to that person an appropriate certifcate
of death in accordance with the Births and Deaths Registration Act.
direCtions in the nature of Habeas Corpus
389. (1) The High Court may whenever it thinks ft 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;
(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.
389A. (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 specifed
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:
Cap. 160.
Cap. 149.
Power to issue
directions of the
nature of habeas
corpus.
27 of 1961, Sch.,
L.N. 124/1964.
Procedure on
forfeiture of goods.
13 of l967, s. 4.
Criminal Procedure Code CAP. 75 113 Rev. 2010]

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 ft.
(2) If the court fnds 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 fnds 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.
misCellaneous
390. Affdavits and affrmations to be used before the High
Court may be sworn and affrmed before a judge of the High Court, a
magistrate, the Registrar or Deputy Registrar of the High Court or a
commissioner for oaths.
391. 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 offcial record of
the proceedings at the trial.
392. 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 ft to furnish it free of cost.
393. 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 suffcient.
394. 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.
Persons before whom
affdavits may be
sworn.
10 of 1983, Sch.
Shorthand notes of
proceedings.
22 of 1959, s. 41.
Right to copies of
proceedings.
Forms.
Expenses of
assessors, witnesses,
etc.
33 of 1963, 1st Sch.,
L.N. 300/1956,
L.N. 173/1960.
7 of 2007, Sch.
114 CAP. 75 Criminal Procedure Code [Rev. 2010

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Criminal Procedure Code CAP. 75 115 Rev. 2010]

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3
122 CAP. 75 Criminal Procedure Code [Rev. 2010

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128 CAP. 75 Criminal Procedure Code [Rev. 2010

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138 CAP. 75 Criminal Procedure Code [Rev. 2010

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140 CAP. 75 Criminal Procedure Code [Rev. 2010

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144 CAP. 75 Criminal Procedure Code [Rev. 2010

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Criminal Procedure Code CAP. 75 145 Rev. 2010]

SECOND SCHEDULE (s. 137 (a) (iv))
(As amended by 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 ................. 19 ......., 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 .......... 19 ........., 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 .............. 19 ......., in ................ District within
the ....................... Province, had carnal knowledge of E.F., without her consent.
______________
146 CAP. 75 Criminal Procedure Code [Rev. 2010

SECOND SCHEDULE-(Contd.)
5 - WOUNDING
First Count
Wounding with intent, contrary to section 231 of the Penal Code.
partiCulars of offenCe
A.B., on the ....................... day of ............. 19 ........., in .............. District within the
.................... Province, wounded C.D., with intent to maim, disfgure 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 ...............19......, 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 .............. 19........., 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 ................ 19..........., in .................. District
within the ....................... Province, did receive a bag, the property of C.D., knowing
the same to have been stolen.
Criminal Procedure Code CAP. 75 147 Rev. 2010]

SECOND SCHEDULE-(Contd.)
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 ............. 19 ............, in .................... District within
the ........................... Province, being clerk or servant to M.N., stole from the said M.N.
ten yards of cloth.
______________
8 - ROBBERY
Robbery with violence, contrary to section 296 of the Penal Code.
partiCulars of offenCe
A.B., on the ..................... day of .............. 19 .............., 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 .............. 19 ......., 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 .................... 19 .........., in ................ District within the
........................... Province, with intent to extort money from C.D., caused the said C.D.
148 CAP. 75 Criminal Procedure Code [Rev. 2010

SECOND SCHEDULE-(Contd.)
to receive a letter containing threats of injury or detriment to be caused to E.F.
______________
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 ........... 19 .........., 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 ................... 19 .........., in .............. District within
the ...................... Province, with intent to defraud, obtained from S.P. fve 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 .................... 19 ....... , 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.
______________
Criminal Procedure Code CAP. 75 149 Rev. 2010]

SECOND SCHEDULE-(Contd.)
14 - ARSON
Arson, contrary to section 332 of the Penal Code.
partiCulars of offenCe
A.B., on the ................ day of ............. 19 ......, in ............... District within the
....................... Province, wilfully and unlawfully set fre 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 ..............19 .........., in ..................... District within the
.............. Province, wilfully and unlawfully set fre 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 .................... 19 ...., 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 ............. 19 ........., in..................... District within
the .......................... Province, forged a certain will purporting to be the will of C.D.
150 CAP. 75 Criminal Procedure Code [Rev. 2010

SECOND SCHEDULE-(Contd.)
Second Count
Uttering a false document, contrary to section 353 of the Penal Code.
partiCulars of offenCe
A.B., on the .................... day of ............... 19 ....., 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 ................ 19 ......, 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 .................. 19 ......., 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 ............. 19 ........, 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.)
Criminal Procedure Code CAP. 75 151 Rev. 2010]

SECOND SCHEDULE-(Contd.)
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 ........... 19 ......., 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 frst count.
partiCulars of offenCe
A.B., on the .................. day of ............... 19 ........, 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 ................. 19 ........, 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 ............. 19 ......., in ....................... District
152 CAP. 75 Criminal Procedure Code [Rev. 2010

SECOND SCHEDULE-(Contd.)
within the ........................ Province, stole Sh. 2,000 which had been received by him, for
and on account of L.M.
______________
23 - PREVIOUS CONVICTION
Prior to the commission of the said offence, the said A.B. had been previously
convicted of ................... on the ................ day of ............. 19 ..........., at the ...........................
held at ........................................
Third Schedule - [Spent].
Fourth Schedule - [Repealed by 46 of 1963, 2nd Sch.]
Criminal Procedure Code CAP. 75 153 Rev. 2010]

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)
told of right of appeal from death sentence 330
where sole witness for defence 160
154 CAP. 75 Criminal Procedure Code [Rev. 2010

Acquit- Section
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
AFFIRMATION, before whom sworn 390
ALIBI-
restriction on adducing evidence of 307 (2)
Criminal Procedure Code CAP. 75 155 Rev. 2010]

AMENDMENT OF- Section
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 certifcate 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 certifed 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
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
156 CAP. 75 Criminal Procedure Code [Rev. 2010

APPELLANT Section
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 offcer 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
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 offcer in charge of police station 30
by police offcer 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 offcer, execution 106
duration of 102 (3)
Criminal Procedure Code CAP. 75 157 Rev. 2010]

ARREST, WARRANT OF continued ... Section
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)

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 court 348 A
appoint public prosecutors 85
enter nolle prosequi 82
158 CAP. 75 Criminal Procedure Code [Rev. 2010

ATTORNEY GENERAL continued ... Section
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
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
Criminal Procedure Code CAP. 75 159 Rev. 2010]

BOND-(Contd.) Section
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)
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)
160 CAP. 75 Criminal Procedure Code [Rev. 2010

CERTIFICATE OF MEDICAL OFFICER Section
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
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 specifc 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
Criminal Procedure Code CAP. 75 161 Rev. 2010]

COMMISSIONER OF POLICE, report of offence to, after Section
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
COMMITTAL PROCEEDINGS
in lunacy cases 162 to 164
COMPANY
service of summons on 96
stealing by directors and offcers of 137 (j)
COMPENSATION
how recoverable 174
payment of, from fne 175
to be specifed 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
refractory witness 152
162 CAP. 75 Criminal Procedure Code [Rev. 2010

CONVICT Section
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
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 deflement 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 certifcate of prison offcer 142 (1)
copy of sentence or order 142 (1)
fnger 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
COSTS
against accused 171 (1)
Criminal Procedure Code CAP. 75 163 Rev. 2010]

COSTS continued ... Section
private prosecutor 171 (2)
appeal against order to pay 172
how recoverable 174
to be specifed 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)
DEATH SENTENCE, execution of 332 (3)
164 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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
WARRANT 36
DIRECTORS AND OFFICERS OF COMPANIES, stealing by 137 (j)
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
DETENTION OF PROPERTY SEIZED UNDER
SEARCH WARRANT 121
Criminal Procedure Code CAP. 75 165 Rev. 2010]

Section
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
description of, in information 137 (e)
refusal to produce 152
DRAWING UP OF CONVICTION OR ORDER 217
E
ENGLISH
interpretation to advocates in 198
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
interpretation of 198
manner of recording by High Court 201
166 CAP. 75 Criminal Procedure Code [Rev. 2010

EVIDENCE continued ... Section
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 fne 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)
Criminal Procedure Code CAP. 75 167 Rev. 2010]

Section
FELONY
arrest by private person for 34
non-appearance of accused on charge of, after adjournment 206
proved on trial of misdemeanour 192
FINE
attachment for, objections to 335
levy on movable property frst 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
168 CAP. 75 Criminal Procedure Code [Rev. 2010

H
Section
Habeas Corpus
power to issue 389 (1)
High Court may make rules for 389 (2)
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 certifed 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
confrmation by 7, 12
cross-examination of witnesses for prosecution in 302
hearing parties on revision 365
jurisdiction of 69
language of 198 (4)
may approve forms 393
direct levy on recognizance 133
Criminal Procedure Code CAP. 75 169 Rev. 2010]

HIGH COURT continued ... Section
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 fne on witness 149 (4)
number of judges in revision 366
order of, in revision to be certifed 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
magistrate 200 (1), proviso (ii)
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
proceedings 167
send record in capital case to President 332
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
170 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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)
INFORMATION continued ...
description of documents in 137 (e)
persons in 137 (e)
property in 137 (c)
discharge from, on motion in arrest 324 (3)
fgures 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 specifed in 137 (j)
joinder of counts in 135
two or more accused in 136
objection to 275 (l)
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
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)
specifc offence and necessary particulars 134
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)
Criminal Procedure Code CAP. 75 171 Rev. 2010]

Section
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
INQUEST continued ...
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 fnding 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.
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)
172 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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
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
Criminal Procedure Code CAP. 75 173 Rev. 2010]

Section
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 confnement of 162,166(1)(c),280 (2)
recovery of, procedure on, where detained under
section 162 or 280 163
resumption of committal proceedings or trial on
recovery of 164
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)
refuses to plead 207 (4)
complainant withdraws complaint 204
to adjourn for accuseds witnesses 211 (2)
ask accused to question witness 208 (3)
call on defence 211
cause evidence to be read over on request 197 (3)
dismiss if no case made out 210
draw up conviction or order 217
explain order to show cause 48
record demeanour of witnesses 199
174 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
MAGISTRATE continued ...
report offence on inquest to Attorney-General 387 (4)
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 witness 211 (1)
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
persons disseminating
seditious matter 44
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 1
st
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
Criminal Procedure Code CAP. 75 175 Rev. 2010]

Section
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
certifcate of, receivable in evidence 164 (2)
that accused capable of making defence 163
to hold post-mortem examination in case of sudden death 386 (2)
MINISTER
may appoint fnger print offcers 142 (2)
make rules regarding expenses of assessors, etc 394
post-mortem examination 386 (2)
prescribe fnger print certifcate 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
not triable by subordinate court 1
st
Schedule
police offcer 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
176 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 matter 44
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
OFFENCE-
cognizable 2
arrest by private person for 34
police may arrest person designing 64
offcer 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)

Criminal Procedure Code CAP. 75 177 Rev. 2010]

Section
OFFENCES-
by foreigners within territorial waters 143
which court triable 1
st
Schedule
prevention of 43 to 65
under law other than Penal Code, powers of courts
regarding 5 (1)
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
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)
178 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 offcer, 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
requirements 345
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
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.
Criminal Procedure Code CAP. 75 179 Rev. 2010]

Section
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
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 offcer 386 (2)
show warrant of person arrested 107
take person arrested without warrant before magistrate 33
warrants directed to 104
180 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
POLICE STATION
meaning of 2
offcer 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
fnding 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 confned 162, 166
to consider capital case 332 (2)
issue death warrant, commutation or pardon 332 (3)
PRESIDENTS 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)
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 certifcate of prison offcer 142 (1) (b)
copy of sentence or order 142 (1) (a)
fnger prints 142 (2)
warrant of commitment 142 (1) (b)
when consequences supervene 140
trial court not competent 141
Criminal Procedure Code CAP. 75 181 Rev. 2010]

Section
PRISON, petition of appeal when appellant in 351
PRISON OFFICER
certifcate 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)
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
182 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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)
offcial, 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
RECEIPT
for service of summons 92 (2)
on offcial 95
substituted service of summons 93
RECEIVING
conviction of, on charge of stealing 188
RECOGNIZANCE
appeal against forfeiture of 132
Criminal Procedure Code CAP. 75 183 Rev. 2010]

Section
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
RE-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
REPLY
evidence in 212, 309
of prosecutor 161, 310
right of 161
Attorney-General and Solicitor-General 161

184 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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 certifed 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
free ingress under 120
issue of 118
may be executed on Sunday 119
issued on Sunday 119
Criminal Procedure Code CAP. 75 185 Rev. 2010]

Section
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 1
st
class 7
2
nd
class 7
3
rd
class 7
Senior Magistrate or Resident Magistrate 7
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.
SERVICE
affdavit of 98
by affxing summons to house 94
of summons 92
on company 92
offcial 96
186 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
out of jurisdiction 95
receipt for 97
substituted 93, 94
when person cannot be found 93
SETTING ASIDE CONVICTION IN ABSENCE
OF ACCUSED 206 (2)
SETTLEMENT, court may encourage, for assault 176
SHORTHAND NOTES
of High Court proceedings 391
transcript of, the offcial 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)
may forward record to High Court 363 (2)
order on revision to be certifed to 367
period of limitation in 219
Criminal Procedure Code CAP. 75 187 Rev. 2010]

Section
power to commit to High Court for sentence 221
Resident Magistrates Court for
sentence 221
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
affdavit 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 affxing to house 94
on company 96
on offcial 95
outside jurisdiction 97
where person cannot be found 93
188 CAP. 75 Criminal Procedure Code [Rev. 2010

Section
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
insuffcient 127
may appeal from order of forfeiture 132
apply for discharge 128
be imprisoned on forfeiture 131 (4)
on bail bond 124
order to fnd suffcient 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
defnition of 143 (1)
offences by foreigners within 143
THIEF, habitual, power to arrest 30 (c)
TIME
for appeal 349
objection to information 275 (1)
limitation of, for trial of minor offence 219
limited for appeal 349
Criminal Procedure Code CAP. 75 189 Rev. 2010]

Section
TRANSCRIPT, if shorthand notes the offcial 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 1
st
Schedule
police offcer 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, defned 2
period of limitation for 219
transfer after commencement of 80
U
UNLAWFUL, distress, when not 383
190 CAP. 75 Criminal Procedure Code [Rev. 2010

V
Section
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
for levy of fne, etc. 334
removal of accused person 68
witness disobeying summons 145
in frst instance 146
issue of, on complaint and charge 90
Criminal Procedure Code CAP. 75 191 Rev. 2010]

of arrest, after issue of summons 100
contents of 102
directed to police offcer, execution of 106
duration of 102
endorsed for security 103
endorsement for execution 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 anywhere in Kenya 109
on disobedience of summons 101
person arrested to be taken before court 108
police offcers power to arrest without 29
power to break into premises under 22 (2)
out of premises under 23
procedure on arrest of person outside jurisdiction 112
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
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
192 CAP. 75 Criminal Procedure Code [Rev. 2010

WATERS, TERRITORIAL
defnition 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
absence of 211 (2)
person charged the only 160
High Court may reduce or remit fne 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 frst instance 146
Criminal Procedure Code CAP. 75 193 Rev. 2010]

WOMAN
search of 27
under search warrant 120 (4)
WOMANS QUARTERS, pursuit of person in 22 (2)
WRIT OF ATTACHMENT, return of cepi corpus to 389 (f)
CAP. 75 Criminal Procedure Code [Rev. 2010 194
[Subsidiary]

SUBSIDIARY LEGISLATION
Public prosecutors appointed under section 85 (1)
Appointments of individual persons by name are not referenced.
All police offcers, other than administration police offcers, of the
rank of Assistant Inspector or above are appointed public prosecutors
for Kenya generally.
The offcers 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 or
under subsidiary legislation made thereunder.
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 offces and appointments
specifed in the frst 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 specifed in relation
to those persons in the second column of that Schedule, and offences
under any subsidiary legislation made thereunder.
L.N. 234/1972.
G.N. 1424/1957,
G.N. 1664/1960.
Cap. 376.
L.N. 7281/1961,
L.N. 343/1966,
L.N. 256/1972,
L.N. 179/1981.
Rev. 2010] Criminal Procedure Code CAP. 75 195
[Subsidiary]

SCHEDULE
Offces ActsorprovisionsofAct
LabourCommissioner.
DeputyLabourCommissioner.
AssistantLabourCommissioner.
SeniorLabourOffcer.
LabourOffcer.
SeniorLabourInspector.
LabourInspector.
WagesInspector.
PrincipalRegistrar,registrarandassistant
registrarappointedundertheRegistration
ofPersonsAct(Cap.107).

Sections129,243(c),(g)and(h),
244and266ofthePenalCode
(Cap.63).
RegistrationofPersonsAct(Cap.107)
EmploymentAct(Cap.226).
RegulationsofWagesand
ConditionsofEmploymentAct
(Cap.229).
MombasaShopHoursAct(Cap.
232).
TradeUnionsAct(Cap.233).
WorkmensCompensationAct
(Cap.236).
Registrar-General.
DeputyRegistrar-General.
SeniorAssistantRegistrar-General.
AssistantRegistrar-General.
LegalAssistantintheRegistrar-Generals
Department.
BankruptcyAct(Cap.53).
SocietiesAct(Cap.108).
BooksandNewspapersAct(Cap.
111).
BirthsandDeathsRegistrationAct
(Cap.149).
MarriageAct(Cap.150).
TradeUnionsAct(Cap.233).
EstateDutyAct(Cap.483).
CompaniesAct(Cap.486).
InsuranceCompaniesAct(Cap.
487).
BankingAct(Cap.488).
BuildingSocietiesAct(Cap.489).
RegistrationofBusinessNamesAct
(Cap.499).
TradeMarksAct(Cap.506).
PatentsRegistrationAct(Cap.508).
UnitTrustsAct(Cap.521).
PrincipalImmigrationOffcer.
DeputyPrincipalImmigrationOffcer.
SeniorImmigrationOffcer.
ImmigrationOffcer.
Section11oftheOathsandStatutoryDeclarationsAct
(Cap.15).
Sections114,129,130,320,321,
349,353,354,357,382,384and
385ofthePenalCode(Cap.63).
ImmigrationAct(Cap.172).
InspectorofWeightsandMeasures
appointedundertheWeightsand
MeasuresAct(Cap.513).
PetroleumAct(Cap.116).
PriceControlAct(Cap.504).
PriceInspector. PriceControlAct(Cap.504).
AssistantCommissionerforCo-operative
DevelopmentandHeadofLegaland
FieldServicesSection.
Co-operativeSocietiesAct(Cap.490). ProvincialCo-operativeLegalOffcer.
Co-operativeOffcer,LegalandField
ServicesSection.
CAP. 75 Criminal Procedure Code [Rev. 2010 196
[Subsidiary]

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Rev. 2010] Criminal Procedure Code CAP. 75 197
[Subsidiary]

Rules Under Section 201
THE CRIMINAL PROCEDURE (RECORD OF EVIDENCE
IN THE HIGH COURT) RULES
1. These Rules may be cited as the Criminal Procedure (Record
of Evidence in the High Court) Rules.
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 trials 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.
Persons exempted from liability to serve as assessors, under
section 266 (k)
The following persons are exempted from liability to serve as
assessors:
(a) Permanent Secretaries of Ministries and of the Presidents
Offce;
(b) Managing Director, Kenya Railways Corporation;
(c) Managing Director, Kenya Posts and Telecommunications
Corporation;
(d) offcers engaged in the administration of justice, including
magistrates, offcers of the Judicial Department and of the
Offce of the Attorney-General, the Principal Probation
Offcer and probation offcers;
(e) offcers of the Prisons Department, the Chief Inspector of
Approved Schools and offcers on the staffs of approved
schools;
(f) dentists in active practice;
L.N. 344/1958.
33 of 1963, 2nd Sch.,
L.N. 345/1962.
CAP. 75 Criminal Procedure Code [Rev. 2010 198
[Subsidiary]

(g) consular offces de carriere and consular employees;
(h) mayors; chairmen of county councils; town clerks and clerks
to county councils.
Rules under section 344 (2)
the Criminal ProCedure (PoliCe SuPerViSion)
ruleS
1. These Rules may be cited as the Criminal Procedure (Police
Supervision) Rules.
2. In these Rules, police offcer in charge of the area includes
the person in charge of the offce of that police offcer.
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 offcer in charge of
the prison shall inform the offcer in charge of the Criminal Records
Offce, Nairobi, and the police offcer 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
offcer 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 offcer 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 specifed under section 344 of the Code other than a
requirement to reside within the limits of a specifed area, he shall, one
month before the date of his release from prison, inform the offcer in
charge of the prison of the area in which he intends to reside after his
release from prison and the offcer shall enter particulars of that area
in the identity card of the police supervisee.
6. Any written consent given under paragraph (b) or paragraph
L.N. 33/1966.
Rev. 2010] Criminal Procedure Code CAP. 75 199
[Subsidiary]

(c) of section 344 (1) of the Code shall be recorded in the identity card
of the police supervisee by the police offcer 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 offcer in charge of the area in
which he resides notifed of the house or place in which he resides, any
such notifcation and the date thereof shall be recorded in the identity
card of the police supervisee by that police offcer.
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 offcer in charge of the area in which he is to reside after his
release from prison, the police offcer of that area shall, before the date
of release from prison of the police supervisee, inform him through the
offcer in charge of the prison of the place at which and date on which
he is to present himself, and the offcer 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 offcer in charge of the area shall record the
fact in the identity card of the police supervisee.
(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 offcer 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 notifcation, or whenever he presents himself
in accordance with the Code or any rules made thereunder.
CAP. 75 Criminal Procedure Code [Rev. 2010 200
[Subsidiary]

(2) If a police supervisee loses his identity card, he shall forthwith
report the loss to the police offcer in charge of the area in which he
resides and apply to that police offcer for a new identity card, which
shall be issued to him with the necessary particulars entered therein by
that police offcer.
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
offcer in charge of the area for transmission to the offcer in charge of
the Criminal Records Offce, 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 specifed.
(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.
SCHEDULE (r. 4)
poliCe supervision-Criminal proCedure Code
(Sections 343 to 345)
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 ................................................................................
General desCription
Tribe or nationality .....................................................................
District of origin ........................................................................
Chief .........................................................................................
Assistant Chief ..........................................................................
Village ......................................................................................
Sex .............................................. Age .....................................
Height .................................... Marks or scars ................................
Rev. 2010] Criminal Procedure Code CAP. 75 201
[Subsidiary]

*Place of intended residence as supplied by police supervisee / place
of residence as directed by court ......................................................
...................................................................................................

.........................................................
Signature of Prison Offcer
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 offcer 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 offcer in charge of the area in which he resides.
(d) At all times to keep the police offcer in charge of the area
in which he resides notifed of the house or place in which
he resides.
(e) To present himself whenever called upon to do so by the
police offcer 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.
.............................................
Offcer in Charge

................................Prison.
CAP. 75 Criminal Procedure Code [Rev. 2010 202
[Subsidiary]

transfer of residenCe
(Section 344 (1) (b) of the Criminal Procedure Code)
Police supervisee ................................................. is hereby
authorized to transfer his residence -

From To
Signature of the police offcer in
charge of the area consenting to
transfer

_______________
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.
Destination
Date of
leaving
Period Instructions
Signature of the police
offcer in charge of the
area consenting
_______________
notifiCation of plaCe of residenCe
(Section 344 (1) (d) of the Criminal Procedure Code)
Police supervisee ...................................................... has notifed
me that he resides at -
Place Date
Signature of the police offcer in
charge of the area
Rev. 2010] Criminal Procedure Code CAP. 75 203
[Subsidiary]

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 -
Place To Date
Signature of police offcer
to whom supervisee has
presented himself
Prison from which released ......................................................................

Date released from prison ...........................................................................

Date of expiry of order .............................................................................
Space for photograph when
available
Right thumb impression

CAP. 75 Criminal Procedure Code [Rev. 2010 204
[Subsidiary]

Rules Under Section 357 (3)
THE CRIMINAL PROCEDURE (APPEAL FROM
REFUSAL OF BAIL) RULES
1. These Rules may be cited as the Criminal Procedure (Appeal
from Refusal of Bail) Rules.
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
fxed 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 affdavit may be fled on behalf of the Attorney-General in
reply to the petition.
6. The judge may require either the appellant or the respondent
to fle an affdavit or an additional affdavit.
L.N. 363/1959.
Rev. 2010] Criminal Procedure Code CAP. 75 205
[Subsidiary]

Rules under section 389 (2)
THE CRIMINAL PROCEDURE (DIRECTIONS IN THE
NATURE OF HABEAS CORPUS) RULES

1. These Rules may be cited as the Criminal Procedure (Directions
in the Nature of Habeas Corpus) Rules.
2. An application for the issue of directions in the nature of habeas
corpus shall be made in the frst instance to a judge in chambers ex parte,
supported by affdavit in triplicate.
3. 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. The summons shall be accompanied by a copy of all affdavits
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 affdavits lodged in support thereof shall be forwarded to the
Attorney-General.
5. Affdavits in reply shall be fled in duplicate, of which one copy
shall be served on the applicant.
6. The date fxed 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. 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 ft.
8. 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. 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.
10. 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
Cap. 27 (1948),
(Sub. Leg.),
L.N. 474/1963.
Citation.
Application to judge
in chambers.
Issue of summons.
Where custody
public, copy of
summons to be
served on Attorney-
General.
Affdavits in reply.
Date of return to
summons.
Admission to bail
pending hearing.
Procedure at hearing.
Order of release to be
directed to gaoler.
Habeas corpus ad
testifcandum.
CAP. 75 Criminal Procedure Code [Rev. 2010 206
[Subsidiary]

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 affdavit 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 suffcient sum in court to meet the costs thereof.
11. 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 frst
hearing the prisoner or an advocate on his behalf.
12. 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.
Rules under section 394
THE CRIMINAL PROCEDURE (REMUNERATION OF
WITNESSES AND ASSESSORS) RULES
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 offcer, 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 offcer, his reasonable
travelling and out-of-pocket expenses.
Production of civil
prisoner for trial
by court martial or
commissioners.
Production of
prisoner in court.
Cap. 27 (1948),
(Sub. Leg.),
33 of 1963,
2nd Sch.,
L.N. 474/1963.
Rev. 2010] Criminal Procedure Code CAP. 75 207
[Subsidiary]

THE CRIMINAL PROCEDURE (EXPERT WITNESSES
FEES) RULES
1. These Rules may be cited as the Criminal Procedure (Expert
Witnesses Fees) Rules.
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.
L.N. 478/1961,
17 of 1967, s. 45.