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The Kenya Criminal Procedure Code outlines the procedure of criminal trials in Kenyan courts.Below is a list of Sections and parts of the Kenya Criminal Procedure Code.
Part 1
Part II
Part III
ARRANGEMENT OF SECTIONS
PART 1 – PRELIMINARY
1. Short title.
2. Interpretation.
3. Trial of offences under Penal Code and under other laws.
Kenya Criminal Procedure Code
PART II – POWERS OF COURT
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. Repealed.
10 Repealed.
11 Repealed.
12. Combination of sentences.
13. Repealed.
14. Sentences in cases of conviction of several offences at one trial.
15. Suspended sentences.
(Sections 16 to 20) [Repealed]
Kenya criminal procedure code
PART III – GENERAL PROVISIONS
ARREST, ESCAPE AND RETAKING
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
29. Arrest by police officer without warrant.
30. Arrest of vagabonds, habitual robbers, etc.
31. Procedure when police officer deputes subordinate to arrest without warrant.
32. Refusal to give name and residence.
33. Disposal of persons arrested by police officer.
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 officer.
PREVENTION OF OFFENCES
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.
PREVENTIVE ACTION OF THE POLICE
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.
Kenya Criminal Procedure Code
PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS
PLACE OF TRIAL
Section
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 inquiry and 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.
80. Transfer of part-heard cases.
81. Power of High Court to change venue.
CONTROL BY REPUBLIC IN CRIMINAL PROCEEDINGS
82. Power of Director of Public Prosecutions to enter nolle prosequi.
83. Delegation of powers by Director of Public Prosecutions.
84. Repealed.
APPOINTMENT OF PUBLIC PROSECUTORS AND CONDUCT OF
PROSECUTIONS
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.
INSTITUTION OF PROCEEDINGS
Making of Complaint
89. Complaint and charge.
90. Issue of summons or warrant.
PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS
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.
98. Proof of service when serving officer not present.
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 officer.
107. Notification of substance of warrant.
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 officer 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.
SEARCH WARRANTS
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.
PROVISIONS AS TO BAIL
123. Bail in certain cases.
124. Bail bond.
125. Discharge from custody.
126. Deposit instead of recognizance.
127. Power to order sufficient bail when that first taken is insufficient.
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.
CHARGES AND INFORMATION134. Offence to be specified 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.
(i) Use of figures and abbreviations.
(j) Gross sum may be specified in certain cases of stealing.
Plea Agreements
137A. Plea Agreement negotiation.
137B. Plea Agreement on behalf of the 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.
137N. Application.
137O. Rules under this sub-Part.
PREVIOUS CONVICTION OR ACQUITTAL
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.
OFFENCES BY FOREIGNERS WITHIN TERRITORIAL WATERS
143. Leave of Director of Public Prosecutions necessary before prosecution instituted.
COMPELLING ATTENDANCE OF WITNESSES
144. Summons for witness.
145. Warrant for witness who disobeys summons.
146. Warrant for witness in first 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.
EXAMINATION OF WITNESSES
150. Power to summon witnesses, or examine person present.
151. Evidence to be given on oath.
152. Refractory witnesses.
153. Repealed.
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
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.
EVIDENCE FOR DEFENCE
159. Repealed.
160. Procedure where person charged is only witness.
161. Right of reply.
PROCEDURE IN CASE OF THE LUNACY OR OTHER INCAPACITY OF AN
ACCUSED PERSON
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 proceedings or trial.
165. Repealed.
166. Defence of lunacy adduced at trial.
167. Procedure when accused does not understand proceedings.
JUDGMENT
168. Mode of delivering judgment.
169. Contents of judgment.
170. Copy of judgment, etc., to be given to accused on application.
COSTS AND COMPENSATION
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 specified in order, how recoverable.
175. Power of courts to award expenses or compensation out of fine.
176. Promotion of reconciliation.
RESTITUTION OF PROPERTY
177. Property found on accused person.
178. Property stolen.
CONVICTIONS FOR OFFENCES OTHER THAN THOSE CHARGED
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 defilement 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.
MISCELLANEOUS PROVISIONS
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.
Kenya Criminal Procedure code
PART V – MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
GENERAL
194. Evidence to be taken in presence of accused.
195. Repealed.
196. Repealed.
SUBORDINATE COURTS
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.
HIGH COURT
201. Rules as to taking down of evidence.
Kenya Criminal Procedure code
PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
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.
LIMITATIONS AND EXCEPTIONS RELATING TO TRIALS BEFORE
SUBORDINATE COURTS
219. Limitation of time for summary trials in certain cases.
220. Repealed.
221. Committal to higher court for sentence.
Kenya Criminal procedure code
PART VII – (Sections 222 to 229) [Repealed]
Kenya Criminal Procedure Code
PART VIII – PROVISIONS RELATING TO THE COMMITAL OF ACCUSED
PERSONS FOR TRIAL BEFORE THE HIGH COURT
COMMITAL PROCEEDINGS BY SUBORDINATE COURTS
(Sections 230 to 269) [Repealed]
Kenya criminal procedure code
PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT
(Sections 261 to 273) [Repealed]ARRAIGNMENT
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.
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.
(Sections 284 to 299) [Repealed]
CASE FOR THE PROSECUTION
300. Opening of case for prosecution.
301. Repealed.
302. Cross-examination of witnesses for prosecution.
303. Repealed.
304. Repealed.
305. Repealed.
306. Close of case for prosecution.
CASE FOR THE DEFENCE
307. Defence.
308. Additional witnesses for the defence.
309. Evidence in reply.
310. Prosecutor’s reply.
311. Where accused adduces no evidence.
(Sections 312 to 321) [Repealed]CLOSE OF HEARING
322. Delivery of judgement.
PASSING SENTENCE
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.
Kenya criminal procedure code
PART IXA – VICTIM IMPACT STATEMENTS
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.
PART X – SENTENCES AND THEIR EXECUTIONS
SENTENCE OF DEATH
330. Accused to be informed of right to appeal.
331. Authority for detention.
332. Record and report to be sent to President.
OTHER SENTENCES
333. Warrant in case of sentence of imprisonment.
334. Warrant for levy of fine, etc.
335. Objections to attachment.
336. Suspension of execution of sentence of imprisonment in default of fine.
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.
342. Limitation of imprisonment for non-payment of fine, etc.
343. Repealed.
344. Repealed.
345. Repealed.
DEFECTS IN ORDER OR WARRANT
346. Errors and omissions in orders and warrants.
Kenya criminal procedure code
PART XI – APPEALS
APPEALS FROM SUBORDINATE COURTS
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.
355. Order of the High Court to be certified to lower court.
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.
367. High Court order to be certified to lower court.
(Sections 368 to 379) [Repealed]APPEALS FROM THE HIGH COURT
379. Appeals from High Court to Court of Appeal.
Kenya criminal procedure code
PART XII – SUPPLEMENTARY PROVISIONS
IRREGULAR PROCEEDINGS
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. Statements irregularly under section 246.
INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONS
BELIEVED TO BE DEAD
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 Director of Public prosecutions as to inquiries into cause of death.
DIRECTIONS IN THE NATURE OF HABEAS CORPUS
389. Power to issue directions of the nature of a habeas corpus.
389A. Procedure on forfeiture of goods.
MISCELLANEOUS
390. Persons before whom affidavits may be sworn.
391. Shorthand notes of proceedings.
392. Right to copies of proceedings.
393. Forms.
394. Expenses of assessors, witnesses, etc.
Kenya Criminal Procedure Code){kind=link}