Kenya_crimproc.pdfLAWS OF KENYA
T
HE
C
RIMINAL
P
RO
C
ODE
C
HAPTER
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
P
ART
1 –
RELIMINARY
Section
1-Short title.
2-Interpretation.
3-Trial of offences under Penal Code and under other laws.
P
ART

OWERS

OF
C
OURT
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Repealed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Repealed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Repealed
.)
P
ART

ENERAL

ROVISIONS
A
RREST
,
S

AND

RETAKIN
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
30-Arrest of vagabonds, habitual robbers, etc.
32-Refusal to give name and residence.

Criminal Procedure Code
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Rev. 2010]

Section
33-Disposal of persons arrested by police of�cer.
34-Arrest by private person.
35-Disposal of person arrested by private person.
36-Detention of persons arrested without warrant.
37-Police to report apprehensions.
38-Offence committed in magistrate’s presence.
39-Arrest by magistrate.
Escape and Retaking
40-Recapture of person escaping.
41-Provisions of sections 22 and 23 to apply to arrests under section 40.
42-Assistance to magistrate or police of�cer.
P
REVENTION

OF

FFEN
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.
P
REVENTIVE
A
C

OF

THE

OLI
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

P
ART
–
ROVISIONS

RELATIN

TO

ALL
C
RIMINAL

ATIONS
Section
P
LA

OF
T
RIAL
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.
case should be transferred to another magistrate.
81-Power of High Court to change venue.
C
ONTROL

BY

EPUBLI

IN
C
RIMINAL

RO
82-Power of Attorney-General to enter
nolle prosequi
.
83-Delegation of powers by Attorney-General.
84-(
Repealed
.)
A
PPOINTMENT

OF

UBLI

UTORS

AND
C
ONDU

OF

ROSE
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.
I
NSTITUTION

OF

RO
Making of Complaint
89-Complaint and charge.
90-Issue of summons or warrant.

Criminal Procedure Code
CAP. 75
5
Rev. 2010]

Section
P
RO

TO

C

THE
A
PPEARAN

OF
A
CC

ERSONS
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.
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 of�cer.
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 of�cer 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.
S
EAR
W
ARRANTS
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
P
ROVISIONS

AS

TO

AIL
123-Bail in certain cases.
124-Bail bond.
125-Discharge from custody.
126-Deposit instead of recognizance.
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.
C
HAR

AND

NFORMATIONS
134-Offence to be speci�ed 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.
P
LEA
A
G
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
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Rev. 2010]

Section
137N-Application.
137O-Rules under this sub-Part.
P
REVIOUS
C
ONVI

OR
A
QUITTAL
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.
O
FFEN

BY

OREI

WITHIN

TERRITORIAL
W
ATERS
143-Leave of Attorney-General necessary before prosecution instituted.
C
OMPELLIN

ATTENDAN

OF
W
ITNESSES
144-Summons for witness.
145-Warrant for witness who disobeys summons.
146-Warrant for witness in �rst 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.
E
XAMINATION

OF
W
ITNESSES
150-Power to summon witnesses, or examine person present.
151-Evidence to be given on oath.
152-Refractory witnesses.
153-(
Repealed
.)
C
OMMISSIONS

FOR

THE

XAMINATION

OF
W
ITNESSES
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.
E
VIDEN

FOR

EFEN
159-(
Repealed
.)
160-Procedure where person charged is only witness.
161-Right of reply.
8
CAP. 75
Criminal Procedure Code
[Rev. 2010

Section
P
RO

IN

C

OF

THE

UNA

OR

OTHER

APA

OF

AN
A
CC

ERSON
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.
J
UD
168-Mode of delivering judgment.
169-Contents of judgment.
170-Copy of judgment, etc., to be given to accused on application.
C
OSTS

AND
C
OMPENSATION
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 speci�ed in order, how recoverable.
176-Promotion of reconciliation.
R
ESTITUTION

OF

ROPERTY
177-Property found on accused person.
178-Property stolen.
C
ONVI

FOR

FFEN

OTHER

THAN

THOSE

C
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 de�lement 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
M
IS

ROVISIONS
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.
P
ART
V –
ODE

OF
T
AKIN

AND

E

EVIDEN

IN

TRIALS
G
ENERAL
194-Evidence to be taken in presence of accused.
195-196
Repealed
.)
S
UBORDINATE
C
OURTS
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.
H
I
C
OURT
201-Rules as to taking down of evidence.
P
ART
VI
RO

IN
T
RIALS

BEFORE

UBORDINATE
C
OURTS
P
ROVISIONS

RELATIN

TO

THE

EARIN

AND

ETERMINATION

OF
C
ASES
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
L
IMITATIONS

AND

X

RELATIN

TO

TRIALS

BEFORE

UBORDINATE
C
OURTS
219-Limitation of time for summary trials in certain cases.
220-(
Repealed
.)
221-Committal to higher court for sentence.
P
ART

VII
– (sections 222 to 229)
(Sections 222 to 229) (
Repealed
)
P
ART
VIII
ROVISIONS

RELATIN

TO

THE
C
OMMITTAL

OF
A
CC

ERSONS

FOR

TRIAL

BEFORE

THE

I
C
OURT
C
OMMITTAL

RO

BY

UBORDINATE
C
OURTS
230-245
(Repealed.)
P
RESERVATION

OF
T
ESTIMONY

IN
C
ERTAIN
C
ASES
246-249 (
Repealed.)
P
RO

AFTER
C
OMMITTAL

FOR
T
RIAL
250-260 (
Repealed.)
P
ART

RO

IN
T
RIALS

BEFORE

THE

I
C
OURT
G
ENERAL
261- (
Repealed.)
M
ODE

OF
T
RIAL
262-263 (
Repealed.)
L
IST

OF
A
SSESSORS
264-268 (
Repealed.)

A
TTENDAN

OF
A
SSESSORS
269-273 (
Repealed.)
A
RRAI
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
.)
A
SSESSORS
297-299 (
Repealed.)
C
ASE

FOR

THE

ROSE
300-Opening of case for prosecution.
301-(
Repealed.)
.
302-Cross-examination of witnesses for prosecution.
303-305 (
Repealed.)
306-Close of case for prosecution.
C
ASE

FOR

THE

EFEN
307-Defence.
308-Additional witnesses for the defence.
309-Evidence in reply.
310-Prosecutor’s reply.
311-Where accused adduces no evidence.
312-321 (
Repealed)
.
C
LOSE

OF

EARIN
322-Delivery of opinions by assessors.
P
ASSIN

ENTEN
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
P
ART

ENTEN

AND

THEIR

XE
S
ENTEN

OF

EATH
330-Accused to be informed of right to appeal.
331-Authority for detention.
332-Record and report to be sent to President.
O
THER

ENTEN
333-Warrant in case of sentence of imprisonment.
334-Warrant for levy of �ne, etc.
335-Objections to attachment.
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.
P
OLI

UPERVISION
343-345(
Repealed).
D
EFE

IN

RDER

OR
W
ARRANT
346-Errors and omissions in orders and warrants.
P
ART
A
PPEALS
A
PPEALS

ROM

UBORDINATE
C
OURTS
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.

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.
368-378 (
Repealed.)
A
PPEALS

FROM

THE

I
C
OURT
379-Appeals from High Court to Court of Appeal.
P
ART

UPPLEMENTARY

ROVISIONS
I
RRE

RO
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.
I
NQUIRIES
A
S
T
O

UDDEN

EATHS
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.
D
IRE

IN

THE

ATURE

OF

H
ABEAS
C
ORPUS
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
M
IS
391-Shorthand notes of proceedings.
392-Right to copies of proceedings.
393-Forms.
394-Expenses of assessors, witnesses, etc.
S
C
____________
(Index follows at p. 150)
_____________

Criminal Procedure Code
CAP. 75
15
Rev. 2010] [Issue 1] CHAPTER 75
THE CRIMINAL PROCEDURE
Commencement:
1st August 1930
An Act of Parliament to make provision for the procedure to be followed
in criminal cases
P
ART

RELIMINARY
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 of�cer
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 speci�ed 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
“of�cer in charge of a police station” includes any of�cer superior
in rank to an of�cer in charge of a police station and also includes, when
the of�cer 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
of�cer present at the station-house who is next in rank to that of�cer,
and is above the rank of constable, or, when the Attorney-General so
“plea agreement” means an agreement entered into between the
prosecution and an accused person in a criminal trial in accordance
with Part IV;
“police of�cer” means a police of�cer or an administration police
“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 �fth 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 �fth 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 �rst 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 �rst class
may pass the following sentences in cases where they are authorized
by law-
(a) imprisonment for a term not exceeding seven years;
(c)
(Repealed by
(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;
(c)
(Repealed by 5 of 2003, s. 60.)

(4)
(Deleted by 5 of 2003, s. 60.)
(5) In determining the extent of a court’s jurisdiction under
this section to pass a sentence of imprisonment, the court shall have
jurisdiction to pass the full sentence of imprisonment provided for in this
section in addition to any term of imprisonment which may be awarded
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.

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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.

court ( hereinafter called the “operational period” ) the offender commits
another offence, whether that offence is punishable by imprisonment,
(2) Where the offender is convicted of an offence during the
operational period the sentence for the �rst 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 �rst
offence under subsection (1) takes effect the sentence passed for the
subsequent offence shall run consecutively to the sentence passed for
the �rst offence.
16 to 20.
(
Repealed by No. 17 of 1967, s. 25
.)
PART III – GENERAL PROVISIONS
A
RREST
,
S

AND

ETAKIN

Arrest Generally
21.
(1) In making an arrest the police of�cer or other person
making it shall actually touch or con�ne 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 of�cer 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
of�cer 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 of�cer, 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 of�cer 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.

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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 noti�cation 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
of�cer 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 of�cer 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 of�cer 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 of�cer making the arrest, or, when the arrest is made by a
private person, the police of�cer 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 of�cer, 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 of�cer 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 of�cer before
which or whom the of�cer or person making the arrest is required by
law to produce the person arrested.
Arrest Without Warrant

29.
A police of�cer 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 of�cer 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
warrant.
5 of 1958, s. 2.
13 of 1967, 1st Sch.,
L.N. 124/1964.

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Rev. 2010]

(f) any person whom he �nds 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 �nds 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.

An of�cer 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 of�cer in charge of a police station requires an of�cer
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 of�cer 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 of�cer 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
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 of�cer to give his name and residence,
or gives a name or residence which the of�cer has reason to believe
to be false, he may be arrested by the of�cer 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 suf�cient
sureties, he shall forthwith be taken before the nearest magistrate having
jurisdiction.
33.
A police of�cer 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 of�cer 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 of�cer, or in the absence of a police of�cer shall take that person
to the nearest police station.
(2) If there is reason to believe that the person comes under section
(3) If there is reason to believe that he has committed a non-
cognizable offence, and he refuses on the demand of a police of�cer to
give his name and residence, or gives a name or residence which the
of�cer has reason to believe to be false, he shall be dealt with under
section 32.
(4) If there is no suf�cient reason to believe that he has committed
Disposal of persons
arrested by police
of�cer.
Arrest by private
person.
Disposal of person
arrested by private
person.

Criminal Procedure Code
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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,
attempted robbery with violence the of�cer 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 of�cer 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 of�cer 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, insuf�cient evidence is, in his opinion,
disclosed on which to proceed with the charge.
37.
Of�cers 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
42.
Every person is bound to assist a magistrate or police of�cer
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 magistrate’s
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
of�cer.
26
CAP. 75
Criminal Procedure Code
[Rev. 2010

(a) in the taking or preventing the escape of another person whom
(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.
P
REVENTION

OF

FFEN
Security for Keeping the Peace and for Good Behaviour
43.
(1) Whenever a magistrate empowered to hold a subordinate
court of the �rst 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 �t.
(2) Proceedings shall not be taken under this section unless
either the person informed against, or the place where the breach of
the peace or disturbance is apprehended, is within the local limits of
the magistrate’s jurisdiction.
(3) When a magistrate not empowered to proceed under subsection
(1) has reason to believe that a person is likely to commit a breach of
the peace or disturb the public tranquillity, or to do any wrongful act
that may probably occasion a breach of the peace or disturb the public
tranquillity, and that a breach of the peace or disturbance cannot be
prevented otherwise than by 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 �rst 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.

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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 �t.
45.
Whenever a magistrate empowered to hold a subordinate court
of the �rst class is informed on oath that a person is taking precautions
to conceal his presence within the local limits of the magistrate’s
jurisdiction, and that there is reason to believe that the person is taking
those precautions with a view to committing an offence, the magistrate
may, in the manner hereinafter provided, require that person to show
cause why he should not be ordered to execute a bond, with sureties,
for his good behaviour for such period, not exceeding one year, as the
46.
Whenever a magistrate empowered to hold a subordinate
court of the �rst 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
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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 �t, 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 of�cer 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 of�cer 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.

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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 of�cer serving or executing the summons
or warrant to the person served with or arrested under it.
51.
The magistrate may, if he sees suf�cient 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
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 �xed 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
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
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.

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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 �t.
(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 of�cer 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 �rst 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 suf�cient 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 �rst 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 �t, 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 of�cer 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.
P
REVENTIVE
A
C

OF

THE

OLI

62.
A police of�cer 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 of�cer receiving information of a design to commit
a cognizable offence shall communicate that information to the police
of�cer to whom he is subordinate, and to any other of�cer whose duty
it is to prevent or take cognizance of the commission of the offence.

64.
A police of�cer 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 of�cer that the
commission of the offence cannot otherwise be prevented.
65.
A police of�cer 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.
PARTRELATINTO
ATIONS
P
LA

OF
T
RIAL
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 suf�cient 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 �rst-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 �nal 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 identi�cation 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 �ne not exceeding one hundred
thousand shillings; and
(b) in the case of a body corporate, to a �ne not exceeding �ve
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
satis�ed 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 of�cer before the court having
jurisdiction where the cause of complaint arose, and shall give a warrant
for that purpose to the of�cer, 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 �rst 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 �rst 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 speci�ed 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 �rst 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 dif�culty 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
(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.

ONTROL

BY

EPUBLI

IN
C
RIMINAL

RO

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
.)
A
PPOINTMENT

OF

UBLI

UTORS

AND

C
ONDU

OF

ROSE

85.
(1) The Director of Public Prosecutions, by notice in the
Gazette, may appoint public prosecutors for Kenya or for any speci�ed
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 speci�ed 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 of�cer 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 of�cer 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 of�cer.
(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]

NSTITUTION

OF

RO

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 of�cer.
(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 �rst 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

P
RO

TO
C
OMPEL

THE
A
PPEARAN

OF
A
CC

ERSONS
Summons

91.
(1) Every summons issued by a court under this Code shall
be in writing, in duplicate, signed and sealed by the presiding of�cer
of the court or by such other of�cer 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 of�cer,
an of�cer 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 of�cer, 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 of�cer, 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 of�cer shall
af�x 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 of�ce 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 of�cer of the corporation or by registered
letter addressed to the principal of�cer of the corporation in Kenya at
the registered of�ce 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 of�cer 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 af�davit
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 af�davit 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
�ne, or only by �ne or imprisonment not exceeding three months, or
by �ne 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 �ne on an accused person whose
personal attendance has been dispensed with under this section, and the
�ne 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
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
(4) If, in any case in which under this section the attendance of
an accused person is dispensed with, previous convictions are alleged
against that person and are not admitted in writing or through that
person’s advocate, the magistrate may adjourn the proceedings and
direct the personal attendance of the accused, and, if necessary, enforce
his attendance in the manner provided hereafter in this Part.
(5) Whenever the attendance of an accused person has been so
dispensed with and his attendance is subsequently required, the cost
of any adjournment for that purpose shall be borne in any event by the
accused.
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
suf�cient sureties for his attendance before the court at a speci�ed
time and thereafter until otherwise directed by the court, the of�cer 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 of�cer 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
of�cers, or to one police of�cer and to all other police of�cers of the
area within which the court has jurisdiction, or generally to all police
Provided that a court issuing a warrant may, if its immediate
execution is necessary, and no police of�cer 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 of�cers 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 �rst 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
of�cer, 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 of�cer may also be executed
by another police of�cer whose name is endorsed upon the warrant by
Warrants, to whom
directed.
Warrants may
be directed to
landholders, etc.
Execution of warrant
directed to police
of�cer.
44
CAP. 75
Criminal Procedure Code
[Rev. 2010

107.
The police of�cer 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 of�cer 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 of�cer, 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 of�cer 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 suf�cient authority to the police of�cer to whom
the warrant is directed to execute it within those limits, and the local
police of�cers shall, if so required, assist that of�cer 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 of�cer 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
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
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 of�cer 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 of�cer
presiding in a court is empowered to issue a summons or warrant is
present in court, the of�cer 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 of�cer 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 con�ned in prison within
the local limits of the jurisdiction of that court, the court may issue an
order to the of�cer 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 of�cer 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.

S
EAR
W
ARRANTS

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 of�cer 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 of�cer 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 of�cer 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 of�cer 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 �t 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.
P
ROVISIONS

AS

TO

AIL
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 of�cer
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 of�cer or at
any stage of the proceedings before that court to give bail, that person
may be admitted to bail:
Provided that the of�cer 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 �xed 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
124.
Before a person is released on bail or on his own recognizance,
a bond for such sum as the court or police of�cer thinks suf�cient shall
be executed by that person, and, when he is released on bail, by one or
more suf�cient 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 of�cer.
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 of�cer in charge of the prison and the of�cer 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 of�cer to
execute a bond, with or without sureties, the court or of�cer 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 of�cer may �x, or to deposit
property, in lieu of executing a bond.
127.
If, through mistake, fraud or otherwise, insuf�cient sureties
have been accepted, or if they afterwards become insuf�cient, the court
may issue a warrant of arrest directing that the person released on bail
be brought before it, and may order him to �nd suf�cient 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 �nd other
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 �nd 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 �t 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
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 suf�cient 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 certi�ed 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 certi�ed 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.
C
HAR

AND

NFORMATIONS

134.
Every charge or information shall contain, and shall be
suf�cient if it contains, a statement of the speci�c 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
speci�ed 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 �rst-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 quali�cations 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 suf�cient 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 suf�cient 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 suf�cient 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 suf�cient 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
suf�cient 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) �gures 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 suf�cient 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.
abbreviations.
Gross sum may be
cases of stealing.
Cap. 63.
54
CAP. 75
Criminal Procedure Code
[Rev. 2010
[Issue 1]

P
LEA
A
G
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 of�cers 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 of�cers 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 noti�ed 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 of�cer 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 certi�cate by the interpreter
to the effect that the interpreter is pro�cient 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,
�ne, community service order, probation or conditional or
unconditional discharge;
(e) any mandatory minimum penalty;
(f) any applicable forfeiture;
(g) the court’s authority to order compensation under section
175 (2) (b), restitution under section 177, or both;
(h) that by entering into a plea agreement, he is waiving the right
to appeal except as to the extent or legality of sentence;
(i) the prosecution’s right, in the case of prosecution for perjury
or false statement, to use against the accused any statement
that the accused gives in the agreement.
(2) The prosecutor shall lay before the court the factual basis of a
plea agreement and the court shall determine and be satis�ed 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 of�cer’s 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;

(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 �nal 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.
P
REVIOUS
C
ONVI

OR
A
QUITTAL

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 �rst 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 certi�ed, under the hand of the of�cer 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 certi�cate signed by the of�cer in charge of the prison in
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which the punishment or any part thereof was in�icted, 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 certi�cate in the form prescribed by the Minister given
under the hand of an of�cer appointed by the Minister in that behalf,
who has compared the �nger prints of an accused person with the �nger
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
(3) A previous conviction in a place outside Kenya may be
proved by the production of a certi�cate purporting to be given under
the hand of a police of�cer in the country where the conviction was
had, containing a copy of the sentence or order, and the �nger prints,
or photographs of the �nger prints, of the person so convicted, together
with evidence that the �nger prints of the person so convicted are those
of the accused person.
(4) A certi�cate under this section shall be prima facie evidence
of all facts stated therein without proof that the of�cer purporting to
sign it did in fact sign it and was empowered so to do.
O
FFEN

BY

OREI

WITHIN
T
ERRITORIAL
W
ATERS

143.
(1) Proceedings for the trial of a person who is not a Kenya
citizen for an offence committed within exclusive economic zone and
territorial waters shall not be instituted in any court except with the
leave of the Director of Public Prosecutions and upon his certi�cate 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
(ii) it shall not be necessary to aver in a charge or information that
the consent or certi�cate 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 certi�cate shall be suf�cient evidence
for all the purposes of this section of that consent and certi�cate;
(iii) this section shall not prejudice or affect the trial of an act of
(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.
C
OMPELLIN
A
TTENDAN

OF
W
ITNESSES

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 speci�ed or otherwise suf�ciently
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 suf�cient 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
146.
If the court is satis�ed 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
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 con�ned in prison within the local limits of
its jurisdiction, may issue an order to the of�cer 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
Mode of dealing
with witness arrested
under warrant.
Power of court to
order prisoner to
be brought up for
examination.
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(2) The of�cer 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 �ne not exceeding
(2) The �ne 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 �ne by attachment and sale the
witness may, by order of the court, be imprisoned as a civil prisoner for
(4) For good cause shown, the High Court may remit or reduce a
E
XAMINATION

OF
W
ITNESSES

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 suf�cient 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
153.

(Repealed by 46 of 1963, 2nd Sch
.)

OMMISSIONS

FOR

THE

XAMINATION

OF
W
ITNESSES

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 �rst class is satis�ed 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.
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CAP. 75
Criminal Procedure Code
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[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 �rst 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 �rst
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 satis�es 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 speci�ed time
E
VIDEN

FOR

EFEN

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.
P
RO

IN
C
ASE

OF

THE

UNA

OR

THER

I
APA

OF

AN
A
CC

ERSON

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 suf�cient 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
(4) If the case is one in which bail may not be taken, or if suf�cient
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 �t, and shall
transmit the court record or a certi�ed 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
suf�cient 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
of�cer in charge of the mental hospital or place to be capable of making
his defence, the medical of�cer shall forthwith forward a certi�cate to
that effect to the Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall thereupon inform the
court which recorded the �nding 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.
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CAP. 75
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[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
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 �nding 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 �nding 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 of�cer in charge of a mental hospital, prison or other
place in which a person is detained by an order of the President under
subsection (3) shall make a report in writing to the Minister for the
consideration of the President in respect of the condition, history and
circumstances of the person so detained, at the expiration of a period of
three years from the date of the President’s order and thereafter at the
expiration of each period of two years from the date of the last report.
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
(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
(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 President’s pleasure; but every such order shall be
(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
satis�ed that the evidence would justify a conviction, shall order that
the accused person be detained during the President’s pleasure.
(2) A person ordered to be detained during the President’s pleasure
shall be liable to be detained in such place and under such conditions
as the President may from time to time by order direct, and whilst so
detained shall be deemed to be in lawful custody.
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
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[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
(4) When a person has been ordered to be detained during the
Presidents pleasure under paragraph (a) or paragraph (b) of subsection
(1), the con�rming 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
J
UD

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 �ne 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 noti�ed 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 of�cer 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
(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;
C
OSTS

AND
C
OMPENSATION

171.
(1) A judge of the High Court or a magistrate of a subordinate
court of the �rst 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 �t,
in addition to any other penalty imposed.
(2) A judge of the High Court or a magistrate of a subordinate court
of the �rst 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
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
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174.
(1) Sums allowed for costs awarded under section 171 shall
in all cases be speci�ed 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 �ne, or a
may, when passing judgment, order the whole or any part of the
�ne 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
(b) �nds, 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 con�rm
as damages in civil proceedings; or
(b) in any case where, by reason of –
Costs and
compensation to be
speci�ed in order,
how recoverable.
13 of 1967, 1st Sch.
Cap. 63.
Power of courts to
award expenses or
compensation out
5 of 2003, s. 78

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71
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(i) the complexity of evidentiary matters affecting the quantum
of damages;
(ii) the insuf�ciency 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 con�rmed
by the court determining the appeal.
(5) A court determining an appeal referred to in subsection (4) shall
(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.
R
ESTITUTION

OF

ROPERTY

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.
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(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 �ne 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 de�ned 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.

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(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.
C
ONVI

FOR

FFEN

OTHER

THAN

THOSE
C
HAR

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.
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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 Traf�c 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).

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75
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185.
(
Repealed by 3 of 2006, 2nd Sch
.)
(b) With offences under the Sexual Offences Act;
186.
When a person is charged with the de�lement 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 de�lement
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
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M
IS

ROVISIONS

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 �t 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
G
ENERAL

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
.)

UBORDINATE
C
OURTS

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.

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77
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(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.
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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.
H
I
C
OURT
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
mutandi
s to trials held in the High Court.
PART VI – PROCEDURE IN TRIALS BEFORE
SUBORDINATE COURTS
P
ROVISIONS

RELATIN

TO

THE

EARIN

AND

ETERMINATION

OF
C
ASES

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 �t, in which event it may, pending the adjourned hearing, either
admit the accused to bail or remand him to prison, or take security for
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 �nal order is passed in
a case under this Part, satis�es the court that there are suf�cient 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.

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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 �fteen clear days, the day following that on which the
adjournment is made being counted as the �rst 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
(b) for not more than seven clear days if there is no prison within
�ve 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 �fteen
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 �ne, or by imprisonment not exceeding
twelve months with or without a �ne “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 satis�ed 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.
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[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
Provided that after conviction and before passing sentence or
making any order the court may permit or require the complainant to
outline to the court the facts upon which the charge is founded.
(3) If the accused person does not admit the truth of the charge,
the court shall proceed to hear the case as hereinafter provided.
(4) If the accused person refuses to plead, the court shall order a
plea of “not guilty” to be entered for him.
(5) If the accused pleads –
(a) that he has been previously convicted or acquitted on the same
facts of the same offence; or
(b) that he has obtained the President’s pardon for his offence,
the court shall �rst 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 �nds 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.

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(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 suf�ciently 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 suf�ciently 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 satis�ed 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.
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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 �t 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
218.
The production of a copy of the order of acquittal, certi�ed
by the clerk or other of�cer 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.

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L
IMITATIONS

AND

X

RELATIN

TO
T
RIALS

BEFORE

S
UBORDINATE
C
OURTS

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 �ne 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
�rst 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 in�icted than it has power to in�ict, that
court may, instead of dealing with him itself, commit him in custody
to the Resident Magistrate’s Court for sentence.
(2) Where a person who is not less than eighteen years of age is
convicted by a subordinate court of the �rst 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 in�icted than it has power to in�ict, 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 �rst 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
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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.)
A
RRAI

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 of�cer of the court, and explained if need
be by that of�cer 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 �nds 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
(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.

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(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
(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 of�cer 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
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(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 �led
may plead –
(a) that he has been previously convicted or acquitted of the same
offence; or
(b) that he has obtained the President’s pardon for his offence.
(2) If either of those pleas are pleaded and denied to be true, the
court shall try whether the plea is true or not.
(3) If the court holds that the facts alleged by the accused do not
prove the plea, or if it �nds 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 in�rmity can,
answer directly to the information, the court may order the Registrar
or other of�cer 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 �t, 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.

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Rev. 2010]

(2) The President may order the accused person to be con�ned 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 �t 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.
)
C
ASE

FOR

THE

ROSE

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 �nding
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.
C
ASE

FOR

THE

EFEN
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.
Prosecutor’s reply.

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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
.)
C
LOSE

OF

EARIN
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.
P
ASSIN

ENTEN
323.
If the judge convicts the accused person, or if the accused
person pleads guilty, the Registrar or other of�cer 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
(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 �nal 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
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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 �nally determine the question, and thereupon
may alter the sentence passed by the trial judge and pass such judgment
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 �t 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 victim’s immediate
family, and includes such a person whether or not the person has suffered
personal harm as a result of the offence;
“member of the primary victim’s immediate family” means –
(a) the victim’s spouse;
(b) the victim’s de facto spouse, being a person who has cohabited
with the victim for at least 2 years;
(c) a parent, guardian or step-parent of the victim;
(d) a child or step-child of the victim or some other child for
whom the victim is the guardian; or
(e) a brother, sister, step-brother or step-sister of the victim;
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.

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“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 in�iction of the physical bodily harm
concerned, being a person who has suffered personal harm as a direct
result of the offence;
“victim” means a primary victim or a family victim;
“victim impact statement” means a statement containing
particulars of –
(a) in the case of a primary victim, any personal harm suffered
by the victim as a direct result of the offence; or
(b) in the case of a family victim, the impact of the primary
victim’s death on the members of the primary victim’s immediate
family.
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
�led 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
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[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 victim’s immediate family or
other representative of the victim may, subject to rules of court, act on
behalf of the victim for that purpose.
(3) A court may receive and consider a victim impact statement
only if it is given in accordance with and complies with the requirements
prescribed by or under this Part.
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
S
ENTEN

OF

EATH
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 certi�cate under the hand of the Registrar or other of�cer
of the court that sentence of death has been passed, and naming the
person condemned, shall be suf�cient 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.

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332.
(1) As soon as conveniently may be after sentence of death
has been pronounced, if no appeal from the sentence is con�rmed,
then as soon as conveniently may be after con�rmation, 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 �t to
make.
(2) The President, after considering the report, shall communicate
to the judge, or his successor in of�ce, the terms of any decision to which
he may come thereon, and the judge shall cause the tenor and substance
thereof to be entered in the records of the court.
(3) The President shall issue a death warrant, or an order for the
sentence of death to be commuted, or a pardon, under his hand and the
Public Seal of Kenya to give effect to the decision, and –
(a) if the sentence of death is to be carried out, the warrant shall
state the place where and the time when execution is to be had, and
shall give directions as to the place of burial or cremation of the body
of the person executed;
(b) if the sentence is commuted for any other punishment, the
order shall specify that punishment;
(c) if the person sentenced is pardoned, the pardon shall state
whether it is free, or to what conditions (if any) it is subject:
Provided that the President’s warrant may direct that the execution
shall take place at such time and at such place and that the body of the
person executed shall be buried or cremated at such place as shall be
(4) The warrant, or order, or pardon, of the President shall be
suf�cient 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.

THER

ENTEN

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 of�cer
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
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(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 �ne, 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 suf�cient movable property to satisfy
the order his immovable property shall not be sold.
(2) The person may pay or tender to the of�cer 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 of�cer 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 �rst 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
(2) Upon receipt of a valid notice given under subsection (1), the
court shall, by an order in writing addressed to the of�cer 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
Cap. 63.
7 of 2007, Sch.
Warrant for levy of
Objections to
attachment.

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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 �ne, upon
the person entitled to the proceeds of the sale of the property; and the
notice shall specify the time and place �xed 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 �xed 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 satis�ed 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
(7) If, upon the date �xed 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
(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 �ne
only and to imprisonment in default of payment of a �ne, 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 �t, 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 �ne not having been realized
Suspension of
execution of sentence
of imprisonment in
96
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[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 �t; 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 �ne 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
(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
337.
If the of�cer having the execution of a warrant of distress
reports that he could �nd no property or not suf�cient 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 speci�ed in the warrant, unless the money and
all expenses of the distress, commitment and conveyance to prison, to
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 suf�cient reason appears to the court, the
court may, instead of or after issuing a warrant of distress, commit him
to prison for a time speci�ed in the warrant, unless the money and all
expenses of the commitment and conveyance to prison, to be speci�ed
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 con�ned 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 of�cer in charge of a prison in which a person is con�ned
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
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
.)
D
EFE

IN

RDER

OR
W
ARRANT

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
etc.
Errors and omissions
in orders and
warrants.
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[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
A
PPEALS

FROM

UBORDINATE
C
OURTS

Appeals

347.
(1) Save as is in this Part provided –
(a) a person convicted on a trial held by a subordinate court of
(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 satis�ed 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 �ve
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 certi�ed 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.
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[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
(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 of�cer 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 suf�cient 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 suf�cient 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
satis�ed that the appeal has been lodged without any suf�cient 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 satis�ed 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 suf�cient
ground for interfering, dismiss the appeal or may –
(a) in an appeal from a conviction –
(i) reverse the �nding and sentence, and acquit or discharge the
accused, or order him to be tried by a court of competent jurisdiction;
or
(ii) alter the �nding, maintaining the sentence, or, with or without
(iii) with or without a reduction or increase and with or without
(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, af�rm 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.
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Criminal Procedure Code
[Rev. 2010
[Issue 1]

(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 certi�es 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
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
con�rmed, 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
(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
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 �rst 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
�rst appellate court could have made, or may remit the case, together
with its judgment or order thereon, to the �rst 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 af�rm the sentence passed by the subordinate court or by the
�rst 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 �rst appellate court could lawfully
have found him guilty of some other offence, and on the �nding of the
subordinate court or of the �rst appellate court it appears to the Court
of Appeal that the court must have been satis�ed 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 �rst 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 �rst 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,
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 �nding,
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 �rst 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 �nding, 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 �nding, sentence or order of the court of lower class is illegal or
106
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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 in�ict a greater
punishment for the offence which in the opinion of the High Court the
accused has committed than might have been in�icted by the court
which imposed the sentence.
(4) Nothing in this section shall be deemed to authorize the High
(5) When an appeal lies from a �nding, 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
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 certi�ed shall thereupon make such orders as are conformable to
the decision so certi�ed, and, if necessary, the record shall be amended
in accordance therewith.
368 to 378.
(
Repealed by 13 of 1967, s. 5.
)
A
PPEALS

FROM

THE

I
C
OURT

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 �ne 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 �xed 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 �ne exceeding two hundred shillings but not exceeding two
thousand shillings; or
(c) a �ne 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 certi�cate of
the trial judge that it is a �t case for appeal, appeal against his conviction
on any ground which appears to the Court of Appeal, or to the judge,
(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 �led
with the Registrar of that court a certi�cate 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 certi�es 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
I
RRE

RO

380.
No �nding, 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 �nding,
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 �nds 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.
I
NQUIRIES
A
S

TO

UDDEN

EATHS

AND

ISSIN

ERSONS

B
ELIEVED

TO

BE

EAD

385.
A magistrate empowered to hold a subordinate court of the
�rst, or secondclass, and a magistrate specially empowered in that
behalf by the Chief Justice, shall be empowered to hold inquests.
386.
(1) The of�cer in charge of a police station, or any other
of�cer 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 in�icted; 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 of�cer 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 of�cer 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 �nding the body or becoming aware
of the death shall immediately give information thereof to the nearest
administrative of�cer or police of�cer.
387.
(1) When a person dies while in the custody of the police,
or of a prison of�cer, 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
of�cer, 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 �ndings 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
(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 of�cer entitled to apply for and receive a grant of
representation under the Law of Succession Act, of a court certi�ed copy
of the magistrate’s order, to issue to that person an appropriate certi�cate
of death in accordance with the Births and Deaths Registration Act.
D
IRE

IN

THE

ATURE

OF

Habeas Corpus
389.
(1) The High Court may whenever it thinks �t 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 speci�ed
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
(2) If the court �nds 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 �nds 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.
M
IS
390.
Af�davits and af�rmations to be used before the High
Court may be sworn and af�rmed 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 of�cial 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

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
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
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

FIRST SCHEDULE
(As amended by 9 of 1951, s. 3; 39 of 1951, s.5; 57 of 1955, s.11; 33 of 1958, s.4; 22 of 1959, s.42; 54 of 1960, s.33(2); 11 of 1961, s.12(3);
25 of 1961, s.47; 28 of 1961, Sch.; 48 of 1962, s.13(2); 19 of 1964, s.2; 13 of 1967, 2nd Sch.; 17 of 1967, s.36; 3 of 1969, 2nd Sch.; 10 of 1969,
Sch.; 25 of 1971, Sch.; 6 of 1976, Sch.; 13 of 1980, Sch.; 13 of 1982, s.12; 11 of 1983, Sch.; 12 of 1984, Sch.; 18 of 1986, Sch.; 14 of 1991, Sch.;
5 of 2003, s. 98.)
OFFENCES UNDER THE PENAL CODE
EXPLANATORY NOTE. – The entries in the second and fourth columns of this Schedule, headed respectively “Offence” and “Punishment
under the Penal Code”, are not intended as de�nitions of the offences and punishments described in the several corresponding sections of the
Penal Code or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the �rst
column.
5
Court (in addition to the High
Court) by which offence is
triable
CHAPTER V-PARTIES TO OFFENCES
Any court by which the offence
aided, abetted, counselled or
procured would be triable
Any subordinate court.
Any subordinate court
4
Punishment under the Penal Code
(N.B. -Under section 26(2) of
the Penal Code a person liable to
imprisonment may be sentenced to
imprisonment. Vide also section 36 of
the Penal Code.)
Same punishment as for the offence
aided, abetted, counselled or procured
CHAPTER VI-PUNISHMENTS
Fine of six hundred shillings or
imprisonment for six months
Fine of two thousand shillings or
imprisonment for six months or both
3
Whether the police may
arrest without warrant or
not
May arrest without
warrant if arrest for the
offence aided, abetted,
counselled or procured
may be made without
warrant but not otherwise
Shall not arrest without
warrant
Shall not arrest without
warrant
2
Offence
Aiding, abetting,
counselling or procuring
the commission of an
offence
Failing to
of competency for
endorsement
Applying for or
of competency while
1
Section
20
39(2)
39(5)(
a
)

Criminal Procedure Code
CAP. 75
115
Rev. 2010]

Any subordinate court
DIVISION I
OFFENCES AGAINST PUBLIC ORDER
CHAPTER VII – TREASON AND OTHER OFFENCES AGAINST THE AUTHORITY OF THE REPUBLIC
class presided over by a chief
magistrate, senior principal
magistrate, or a senior resident
magistrate
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate, or a senior resident
magistrate
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate, or a senior resident
magistrate
Fine of two thousand shillings or
imprisonment for six months or both
Death
____
Imprisonment for life
Imprisonment for life
Imprisonment for life
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Applying for or
of competency without
disclosing particulars of
endorsement.
Treason
Misprision of treason
Treasonable felony
Treachery
39(5)(
a
)
40
42
43
43A
116
CAP. 75
Criminal Procedure Code
[Rev. 2010

Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Any subordinate court
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate, or a senior resident
magistrate
Any subordinate court
Any subordinate court
Subordinate court of the
a chief magistrate, a senior
resident magistrate, a principal
magistrate, or a senior resident
magistrate
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for life
imprisonment for six months
Imprisonment for life
Imprisonment for two years
Imprisonment for six months
Imprisonment for life
Imprisonment for two years
Imprisonment for three years
Imprisonment for ten years
Imprisonment for seven years
Imprisonment for seven years
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Promoting warlike
undertakings
Dissuasion from
enlistment
Inciting to mutiny
Aiding, etc., to mutiny, etc.
Inducing desertion
Aiding prisoner of war to
escape
Permitting prisoner of war
to escape
Printing, etc., prohibited
publications
Sedition
Possessing seditious
publication
Using or attempting to use
printing machine which
44
46
47
48
49
50 (
a
)
(
b
)
53
57(1)
(2)
(10)

Criminal Procedure Code
CAP. 75
117
Rev. 2010]

Any subordinate court
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate, or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate, or a senior resident
magistrate
class
class
Any subordinate court
class
Any subordinate court
Any subordinate court
CHAPTER VIII-OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY
Any subordinate court
Any subordinate court
Imprisonment for seven years
Imprisonment for life
Death
Imprisonment for ten years
Imprisonment for ten years
Imprisonment for ten years
Imprisonment for seven years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Printing or publishing
newspaper in
contravention of order
Presence at and consent
to administration of, or
taking, oath to commit
capital offence
Administration of unlawful
oaths to commit capital
offence
Administering or taking
unlawful oaths to commit
other offences
Compelling another person
to take an oath
Being present at and
consenting to the
administering of an oath
Unlawful drilling
Being unlawfully drilled
Publishing false reports
Defamation of foreign
princes
Foreign enlistment
(11)
59
60
61
62(1)
(2)
65(1)
(2)
66
67
68
118
CAP. 75
Criminal Procedure Code
[Rev. 2010

class presided over by a chief
magistrate, a senior principal
magistrate, a principal magistrate,
or a senior resident magistrate
CHAPTER IX-UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY
Subordinate court of the �rst class
Any subordinate court
Subordinate court of the �rst class
Any subordinate court
Any subordinate court
Subordinate court of the �rst class
Subordinate court of the �rst class
class presided over by a chief
magistrate, a senior principal
magistrate, a principal magistrate,
or a senior resident magistrate
Subordinate court of the �rst class
Any subordinate court
Any subordinate court
Subordinate court of the �rst class
Any subordinate court
Any subordinate court
Imprisonment for life
Imprisonment for fourteen years
Imprisonment for seven years
Imprisonment for three years
Imprisonment for one year
Imprisonment for two years
Imprisonment for life
Imprisonment for life
Imprisonment for life
Imprisonment for seven years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
May without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Piracy
Managing unlawful society
Being member of unlawful
society
Subversive activities
Unlawful assembly
Riot
Rioting after proclamation
Obstructing proclamation
Rioters destroying buildings
Rioters injuring buildings
Riotously interfering with
railway, vehicle or vessel
Going armed in public
to prejudice of public order
Forcible entry
Forcible detainer
69
71
72
77
79
80
83
84
85
86
87
88
89
90
91

Criminal Procedure Code
CAP. 75
119
Rev. 2010]

Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Subordinate court of the
Any subordinate court
Any subordinate court
DIVISION II
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
CHAPTER X-ABUSE OF OFFICE
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for one year
Imprisonment for two years
or imprisonment for six months
Imprisonment for six months
Imprisonment for three years
Imprisonment for four years
Imprisonment for three years
Fine of six thousand shillings or
imprisonment for six months
Imprisonment for six months
Imprisonment for one year
Imprisonment for two years
Imprisonment for two years
Imprisonment for three years
Imprisnment for two years
Imprisonment for one year
May arrest without warrant
Shall not arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Committing affray
Challenging to duel
Offensive conduct conducive to
breaches of the peace
Threatening breach of the peace
Threatening violence
If the offence committed in the
night
Incitement to violence and
disobedience of the law
Assembling for smuggling
Wrongfully inducing a boycott
Of�cer discharging duties in
respect of property in which he
has a special interest
False claims by person in public
service
of gain)
Unauthorized administration of
oaths
92
93
94
95
96
97
98
99
100
101
102
103
120
CAP. 75
Criminal Procedure Code
[Rev. 2010

Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
CHAPTER XI – OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
class
class
Any subordinate court
class
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for two years
Imprisonment for three years
Imprisonment for two years
Imprisonment for three years
Imprisonment for seven years
The same punishment as for
perjury
Imprisonment for two years
Imprisonment for seven years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for three years
Fine of one thousand four
hundred shillings
Shall not arrest without warrant
May arrest without warrant
Shall not arrest without warrant
May arrest without warrant
Shall not arrest without warrant
May arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without wrrant
Shall not arrest without warrant
Shall not arrest without warrant
Shall not arrest without warrant
May arrest without warrant
–
False assumption of authority
Personating person in public service
Threat of injury to person in public
service
Tampering with public of�cers
Perjury or subordination of perjury
False statements by interpreters
Contradictory statements
Fabricating evidence
False swearing
Deceiving witnesses
Destroying evidence
Conspiracy to defeat justice and
interference with witnesses
Compounding felonies
Compounding penal actions
Advertising for stolen property
Offences relating to judicial
proceedings
If offence committed in view of
court
104
105
106
107
108
109
112
113
114
115
116
117
118
119
120
121 (1)
(2)

Criminal Procedure Code
CAP. 75
121
Rev. 2010]

CHAPTER XII – RESCUES, ESCAPES, AND OBSTRUCTING OFFICERS OF COURT
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate, or a senior resident
magistrate
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
CHAPTER XIII-MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY
class
class
Any subordinate court
Any subordinate court
Any subordinate court
class
Any subordinate court
Imprisonment for life
Imprisonment for seven years
Imprisonment for two years
Imprisonment for two years
Imprisonment for seven years
Imprisonment for three years
Imprisonment for one year
Imprisonment for two years
Imprisonment for two years
Imprisonment for three years
Imprisonment for two years
Imprisonment for two years
Imprisonment for three years
imprisonment for six months
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
if person rescued is under
sentence of death or
imprisonment for life or charged
with offences punishable with
death or imprisonment for life
if person rescued is imprisoned
on a charge or under sentence
for any other offence
in any other case
Escape
Aiding escape
Removal, etc., of property under
lawful seizure
Fraud or breach of trust by
person in public service
False information to person in
public service
Disobedience of statutory duty
Disobedience of lawful order
Undermining authority of public
Destruction, etc., of statutory
documents
122(1) Rescue-
(
a
)
(
b
)
(
c
)
123
124
125
126
127
128
129
130
131
132
133
122
CAP. 75
Criminal Procedure Code
[Rev. 2010

DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL
CHAPTER XIV-OFFENCES RELATING TO RELIGION
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
CHAPTER XV-OFFENCES AGAINST MORALITY
class
class
class
class
Any subordinate court
Any subordinate court
class
class
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for one year
Imprisonment with hard labour for life
with or without corporal punishment
Imprisonment with hard labour for life
with or without corporal punishment
Imprisonment for seven years
Imprisonment for two years
Imprisonment with hard labour for
punishment
Imprisonment for one year
Imprisonment with hard labour for
fourteen years with or without corporal
punishment
Imprisonment with hard labour for
punishment
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Insult to religion
Disturbing religious
assembly
Trespassing on burial place
Hindering burial of dead
body, etc.
Uttering words with intent
to wound religious feelings
Rape
Attempted rape
Abduction
Abduction of girl under
sixteen
Indecent assault on female
Insulting modesty of
female
fourteen
girl under fourteen
134
135
136
137
138
140
141
142
143
144(1)
(3)
145(1)
(2)

Criminal Procedure Code
CAP. 75
123
Rev. 2010]

class
class
class
class
class
class
class
class
class
class
class
Imprisonment with hard labour for
fourteen years with or without corporal
punishment
Imprisonment for two years with or
without corporal punishment
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years and for
each subsequent offence the like
imprisonment, with or without corporal
punishment
Imprisonment for two years
Imprisonment for two years
Imprisonment for three years with or
without corporal punishment
Imprisonment for fourteen years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
imbecile
Procuration
by threats or fraud or
administering drugs
Householder permitting
thirteen on his premises
Householder permitting
sixteen on his premises
Detention of female for
immoral purposes
Male person living on
earnings of prostitution or
soliciting
Woman living on earnings
of prostitution or aiding,
etc., prostitution
Keeping brothels, etc.
Attempt to procure
abortion
146
147
148
149
150
151
153
154
156
157
158
124
CAP. 75
Criminal Procedure Code
[Rev. 2010

class
class
class
class
class
class
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Imprisonment for seven years
Imprisonment for three years
Imprisonment for fourteen years with
or without corporal punishment
Imprisonment for seven years with or
without corporal punishment
Imprisonment for seven years with or
without corporal punishment
without corporal punishment
Imprisonment for life
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Woman attempting to
procure her own abortion
Supplying drugs or
instruments to procure
abortion
Unnatural offences
Attempt to commit
unnatural offence
Indecent assault on boy
under fourteen
Indecent practices between
males
Incest by male
If female person is under
the age of thirteen years
159
160
162
163
164
165
166(1)
(2)

Criminal Procedure Code
CAP. 75
125
Rev. 2010]

Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
CHAPTER XVI – OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Imprisonment for two years
Imprisonment for ten years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Attempt to commit incest
Incest by female
Fraudulent pretence of
marriage
Bigamy
Dishonestly or
fraudulently going through
ceremony of marriage
(3)
167
170
171
172
126
CAP. 75
Criminal Procedure Code
[Rev. 2010

Any Subordinate Court
class
CHAPTER XVII-NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE
Any subordinate court
Any Subordinate Court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for two years
Imprisonment for seven years
Imprisonment for one year
Imprisonment for two years
Fine of three hundred shillings for
�rst offence, and for each subsequent
offence a �ne of one thousand two
hundred shillings or imprisonment for
three months or both
Imprisonment for one year
Imprisonment for six months
Fine of one thousand shillings
imprisonment for six months or both
seven thousand shillings
Shall not arrest without
warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
Master not providing for
servant or apprentice
Child stealing
Committing common
nuisance
Keeping common gaming
house
Being found in common
gaming house
Keeping or permitting
the keeping of common
betting house
Carrying on lottery
Printing or publishing
advertisement relating to
lottery
Sending chain letters, etc.
Traf�cking in obscene
publications
173
174
175
176(3)
(4)
177
178(1)
(2)
179
181

Criminal Procedure Code
CAP. 75
127
Rev. 2010]

Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for one month or a
and for each subsequent offence,
imprisonment for one year
Imprisonment for three months for
�rst offence, and for each subsequent
offence, imprisonment for one year
of six hundred shillings
Imprisonment for three months or
shillings
of six thousand shillings
two hundred shillings
two thousand shillings
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Being an idle or disorderly
person
Being a rogue or vagabond
Wearing uniform without
authority
Bringing contempt on
uniform
Importing or selling
uniform without authority
Wearing without authority
uniform of public
organization
Importing or selling
without authority uniform
of public organization
Doing act likely to spread
infection of dangerous
disease
Adulteration of food or
drink intended for sale
Selling, or offering or
exposing for sale, noxious
food or drink
182
183
184(1)
(2)
(3)
185(2)
(3)
186
187
188
128
CAP. 75
Criminal Procedure Code
[Rev. 2010

Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
CHAPTER XVIII-DEFAMATION
class
DIVISION IV
OFFENCES AGAINST THE PERSON
CHAPTER XIX-MURDER AND MANSLAUGHTER
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate or a senior resident
magistrate
class presided over by a chief
magistrate, senior principal
magistrate, a principal
magistrate or a senior resident
magistrate
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for two years
Imprisonment for one year
Imprisonment for two years
Imprisonment for life
Death
Imprisonment for life
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Adulteration of drug
intended for sale
Selling adulterated drug
Fouling water of public
spring or reservoir
Making the atmosphere
noxious to health
Carrying on offensive
trade
Libel
Manslaughter
Murder
Infanticide
189
190
191
192
193
194
202
203
210

Criminal Procedure Code
CAP. 75
129
Rev. 2010]

CHAPTER XXI-OFFENCES CONNECTED WITH MURDER AND SUICIDE
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
class
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Imprisonment for life
Imprisonment for life with or without
corporal punishment
Imprisonment for life
Imprisonment for ten years
Imprisonment for fourteen years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Attempted murder
Attempted murder by
convict
Being accessory after the
fact to murder
Threats to kill
Conspiracy to murder
220
221
222
223
224
130
CAP. 75
Criminal Procedure Code
[Rev. 2010

Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
class
Any subordinate court
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
CHAPTER XXII-OFFENCES ENDANGERING LIFE AND HEALTH
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
class
Imprisonment for life
Imprisonment for two years
Imprisonment for two years
Imprisonment for life
Imprisonment for life with or without
corporal punishment
Imprisonment for life
Imprisonment for life
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Aiding suicide
Attempted suicide
Concealing birth
Killing unborn child
Disabling in order
to commit felony or
misdemeanour
Stupefying in order
to commit felony or
misdemeanour
Doing act intended to
cause grievous harm or
prevent arrest
225
226
227
228
229
230
231

Criminal Procedure Code
CAP. 75
131
Rev. 2010]

Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
class
class
class
class
Any subordinate court
class
Any subordinate court
CHAPTER XXIII-CRIMINAL RECKLESSNESS AND NEGLIGENCE
Any subordinate court
Any subordinate court
Any subordinate court
Any subordinate court
Imprisonment for life
Imprisonment for life
Imprisonment for life
Imprisonment for fourteen years
Imprisonment for fourteen years
Imprisonment for three years
Imprisonment for three years
Imprisonment for two years
Imprisonment for six months
of six thousand shillings
Imprisonment for two years
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
May arrest without warrant
Preventing escape from
wreck
Intentionally endangering
safety of person travelling
by railway
Doing grievous harm
Attempting to injure by
explosive substance
Administering poison with
intent to harm
Wounding and similar acts
Intimidation and
molestation
Failing to provide
necessaries of life
Rash and negligent acts
Other negligent acts
causing harm
Dealing in poisonous
substance in negligent
manner
Endangering safety of
person travelling by
railway
232
233
234
235
236
237
238
239
243
244
245
246
132
CAP. 75
Criminal Procedure Code
[Rev. 2010

Subordinate court of the
a chief magistrate, a senior
principal magistrate, a principal
magistrate or a senior resident
magistrate
Any subordinate court
Any subordinate court
CHAPTER XXIV-ASSAULTS
Any subordinate court
Any subordinate court
class
Any subordinate court
CHAPTER XXV-OFFENCES AGAINST LIBERTY
class
class
class
class
Imprisonment for seven years
Imprisonment for two years
Fine
Imprisonment for one year
without corporal punishment
Imprisonment for seven years
Imprisonment for seven years
Imprisonment for ten years
Imprisonment for seven years
Imprisonment for ten years
May arrest without warrant
May arrest without warrant
Shall not arrest without
warrant
Shall not arrest without
warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
May arrest without warrant
Exhibiting false light,
mark or buoy
Conveying person by
water for hire in unsafe or
overloaded vessel
Causing danger or
obstruction in public way
or line of navigation
Common assault
Assault occasioning actual
bodily harm
Assaulting person
protecting wreck
Various assaults
Kidnapping
Kidnapping or abducting
in order to murder
Kidnapping or abducting
Kidnapping or abducting
in order to subject to
grievous harm, slavery,
etc.
247
248
249
250
251
252
253
257
258
259
260