Kenya CPC Part 1

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Criminal Procedure Code.
2. Interpretation
In this Code, unless the context otherwise requires—
“cognizable offence” means an offence for which a police officer may, in
accordance with the First Schedule or under any law for the time being in
force, arrest without warrant;
“complaint” means an allegation that some person known or unknown
has committed or is guilty of an offence;
“drug related offence” means any specified in Part V of the Dangerous
Drugs Act (Cap. 245) and includes the possession, manufacture, distribution
or receipt of any drug of any quantity whatsoever.
“non-cognizable offence” means an offence for which a police officer
may not arrest without warrant;
“officer in charge of a police station” includes any officer superior in
rank to an officer in charge of a police station and also includes, when the
officer in charge of the police station is absent from the station-house, or
unable from illness or other cause to perform his duties, the police officer
present at the station-house who is next in rank to that officer, and is above
the rank of constable, or, when the Attorney-General so directs, any other
police officer so present;
“plea agreement” means an agreement entered into between the
prosecution and an accused person in a criminal trial in accordance with Part IV;
CAP. 75 [Rev. 2012]
Criminal Procedure Code
[Issue 1] 18
“police officer” means a police officer or an administration police officer
(Cap. 84);
“police station” means a police station within the meaning of section 2 of
the Police Act;
“prosecutor” means a public prosecutor or a person permitted by the
court to conduct a prosecution under section 88 of the Act;
“public prosecutor” means the Director of Public Prosecutions, a state
counsel, a person appointed under section 85 or a person acting under the
direction of the Director of Public Prosecutions;
“Registrar of the High Court” includes a Deputy Registrar of the High
Court and a district registrar of the High Court;
“summary trial” means a trial held by a subordinate court under Part VI.
[Act No. 39 of 1951, s. 2, Act No. 22 of 1959, s. 2, Act No. 15 of 1961, Sch., Act No. 28 of 1961, Sch.,
Act No. 36 of 1962, Sch., Act No. 13 of 1967, First Sch., 17 of 1967, s. 23, Act No. 8 of 1968, Sch.,
Act No. 13 of 1982, s. 2, L.N. 124/1964, Act No. 5 of 2003, s. 59. Act No. 5 of 2003, s. 59, Act No. 7
of 2007, Act No. 11 of 2008, s. 2, Act No. 12 of 2012, Sch.]
3. Trial of offences under Penal Code and under other laws
(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried
and otherwise dealt with according to this Code.
(2) All offences under any other law shall be inquired into, tried and otherwise
dealt with according to this Code, subject to any enactment for the time being in
force regulating the manner or place of inquiring into, trying, or otherwise dealing
with those offences.
(3) Notwithstanding anything in this Code, the High Court may, subject to the
provisions of any law for the time being in force, in exercising its criminal
jurisdiction in respect of any matter or thing to which the procedure prescribed by
this Code is inapplicable, exercise that jurisdiction according to the course of
procedure and practice observed by and before the High Court of Justice in
England at the date of the coming into operation of this Code.
(4) Notwithstanding anything in this Code or any other written law, in relation
to a person who is a member of the armed forces or police forces of another
country lawfully present in Kenya as a consequence of an agreement between
the government of that other country and the Government of Kenya, in which
agreement provision is made in respect of offences under the Penal Code or any
other written law for the detention or punishment of that person or the inquiry
into, trial or other disposal of those offences, nothing done or omitted in
accordance with such a provision shall be or shall be deemed to be unlawful or
contrary to the provisions of this Code, or any other written law.