This section outlines the processes of starting a criminal proceeding.The Kenya criminal law under the Criminal procedure code lists ways in which criminal proceedings can be instituted.
Making of Complaint
Below are the rules in regard to making a complaint under Sec.89 of the criminal procedure code :
(1) Proceedings may be instituted either by the making of a
complaint or by the bringing before a magistrate of a person who has
been arrested without warrant.
(2) A person who believes from a reasonable and probable cause
that an offence has been committed by another person may make a
complaint thereof to a magistrate having jurisdiction.
(3) A complaint may be made orally or in writing, but, if made
orally, shall be reduced to writing by the magistrate, and, in either case,
shall be signed by the complainant and the magistrate.
(4) The magistrate, upon receiving a complaint, or where an
accused person who has been arrested without a warrant is brought
before him, shall, subject to the provisions of subsection (5), draw up
or cause to be drawn up and shall sign a formal charge containing a
statement of the offence with which the accused is charged, unless the
charge is signed and presented by a police officer.
(5) Where the magistrate is of the opinion that a complaint or
formal charge made or presented under this section does not disclose
an offence, the magistrate shall make an order refusing to admit the
complaint or formal charge and shall record his reasons for the order.