Kenya CPC Part II

PART II – POWERS OF COURTS
4. Offences under Penal Code
Subject to this Code, an offence under the Penal Code (Cap 63) may be tried
by the High Court, or by a subordinate court by which the offence is shown in the
fifth column of the First Schedule to this Code to be triable.
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5. Offences under other laws
(1) An offence under any law other than the Penal Code (Cap 63) shall, when
a court is mentioned in that behalf in that law, be tried by that court.
(2) When no court is so mentioned, it may, subject to this Code, be tried by
the High Court, or by a subordinate court by which the offence is shown in the
fifth column of the First Schedule to this Code to be triable.
6. Sentences which High Court may pass
The High Court may pass any sentence authorized by law.
7. Sentences which subordinate courts may pass
(1) A subordinate court of the first class held by—
(a) a chief magistrate, senior principal magistrate, principal magistrate
or senior resident magistrate may pass any sentence authorized by
law for any offence triable by that court;
(b) a resident magistrate may pass any sentence authorized by law for
an offence under section 278, 308(1) or 322 of the Penal Code or
under the Sexual Offences Act, 2006.
(2) Subject to subsection (1), a subordinate court of the first class may pass
the following sentences in cases where they are authorized by law—
(a) imprisonment for a term not exceeding seven years;
(b) a fine not exceeding twenty thousand shillings;
(c) repealed by Act No. 5 of 2003 s. 60.
(3) A subordinate court of the second class may pass the following sentences
in cases where they are authorized by law—
(a) imprisonment for a term not exceeding two years;
(b) a fine not exceeding ten thousand shillings;
(c) Repealed by Act No. 5 of 2003, s. 60.
(4) Deleted by Act No. 5 of 2003, s. 60.
(5) In determining the extent of a court’s jurisdiction under this section to pass a
sentence of imprisonment, the court shall have jurisdiction to pass the full sentence
of imprisonment provided for in this section in addition to any term of imprisonment
which may be awarded in default of payment of a fine, costs or compensation.
[Act No. 42 of 1952, s. 2, Act No. 57 of 1955, s. 4, Act No. 33 of 1963, Sch., Act No. 17 of 1967, s. 24,
Act No. 3 of 1969, s. 6, 25 of 1971, Sch., Act No. 4 of 1974, Sch., Act No. 18 of 1979, Sch., Act No.
11 of 1983, Sch., Act No. 18 of 1986, Sch., Act No. 14 of 1991, Sch., Act No. 7 of 2007, Sch.]
8. Powers of Judicial Service Commission to extend jurisdiction of
subordinate courts
The Judicial Service Commission may, by notice in the Gazette, extend the
jurisdiction of any particular magistrate under section 7 either generally or in
relation to particular offences triable by a court of a class which may be held by
that magistrate, and a magistrate whose jurisdiction has been so extended may
pass sentences thus authorized in cases where they are authorized by law.
[Act No. 33 of 1963, Sch., Act No. 11 of 1983, Sch.]
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9. Repealed by Act No. 17 of 1967, s. 25.
10. Repealed by Act No. 17 of 1967, s. 25.
11. Repealed by Act No. 17 of 1967, s. 25.
12. Combination of sentences
Any court may pass a lawful sentence combining any of the sentences which
it is authorized by law to pass.
[Act No. 17 of 1967, s. 26.]
13. Repealed by Act No. 17 of 1967, s. 25.
14. Sentences in cases of conviction of several offences at one trial
(1) Subject to subsection (3), when a person is convicted at one trial of two or
more distinct offences, the court may sentence him, for those offences, to the
several punishments prescribed therefor which the court is competent to impose;
and those punishments when consisting of imprisonment shall commence the
one after the expiration of the other in the order the court may direct, unless the
court directs that the punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the
court, by reason only of the aggregate punishment for the several offences being
in excess of the punishment which it is competent to impose on conviction of a
single offence, to send the offender for trial before a higher court.
(3) Except in cases to which section 7(1) applies, nothing in this section shall
authorize a subordinate court to pass, on any person at one trial, consecutive
sentences—
(a) of imprisonment which amount in the aggregate to more than
fourteen years, or twice the amount of imprisonment which the
court, in the exercise of its ordinary jurisdiction, is competent to
impose, whichever is the less; or
(b) of fines which amount in the aggregate to more than twice the
amount which the court is so competent to impose.
(4) For the purposes of appeal, the aggregate of consecutive sentences
imposed under this section in case of convictions for several offences at one trial
shall be deemed to be a single sentence.
[Act No. 17 of 1967, s. 46, Act No. 25 of 1971, Sch., Act No. 4 of 1974, Sch.]
15. Suspended Sentences
(1) Any court which passes a sentence of imprisonment for a term of not
more than two years for any offence may order that the sentence shall not take
effect unless during the period specified by the court (hereinafter called the
“operational period”) the offender commits another offence, whether that offence
is punishable by imprisonment, corporal punishment or by a fine.
(2) Where the offender is convicted of an offence during the operational
period the sentence for the first offence in respect of which the offender was
convicted under subsection (1) shall thereupon take effect.
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(3) Where under subsection (2) the sentence passed for the first offence
under subsection (1) takes effect the sentence passed for the subsequent
offence shall run consecutively to the sentence passed for the first offence.
[Act No. 7 of 1990, s. 4.]
16. Repealed by Act No. 17 of 1967, s. 25.
17. Repealed by Act No. 17 of 1967, s. 25.
18. Repealed by Act No. 17 of 1967, s. 25.
19. Repealed by Act No. 17 of 1967, s. 25.
20. Repealed by Act No. 17 of 1967, s. 25.