This section looks at where trial will take place after a person has been arrested with or without a warrant.
General authority of the courts.
Section 66 of the Kenya criminal procedure code states that "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."
Accused person to be sent to district where offence committed
Se67 of the Kenya criminal procedure code states "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."
Trial at place where act done or where consequence of offence ensues.
Sec 72 of the CPC states that "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.
Trial where offence is connected with another offence.
Sec 73 states that"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 first mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was done.
Trial where place of offense is uncertain.
Sec.74 of the Cpc provides for rules to be applies when the location of where the offense was committed is uncertain.It states that:" When -
(a) it is uncertain in which of several local areas an offense was committed; or Removal of accused person under warrant.
(b) an offense is committed partly in one local area and partly in another; or
(c) an offense is a continuing one, and continues to be committed in more than one local areas; or
(d) an offense consists of several acts done in different local areas,it may be tried by a court having jurisdiction over any of those local areas."
Offence committed on a journey.
What happens when an offense is committed between two towns?Which of the towns will the trial be heard?Sec 75 of the Criminal procedure code states that "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.