Criminal Law: Cognizable Offence in Kenya

Cognisable offence and non-cognisable offence are classifications of crime used in the legal system of Kenya.Non-cognizable offences includes misbehavior, public annoyance etc. In general non-cognizable offences are bailable.

Definition of a Cognizable offense
Generally, cognisable offence means a police officer has the authority to make anarrest without a warrant and to start an investigation with or without the permission of a court. By contrast, in the case of a non-cognisable offence, a police officer does not have the authority to make an arrest without a warrant and an investigation cannot be initiated without acourt order.

In Kenya, crimes like rape, murder and theftare considered cognisable unlike crimes like public nuisance, hurt and mischief.

Examples of Cognisable offenses
*.Waging or attempting to wage war, or abetting the waging of war against the government of India,
*.Murder
*.Rape,
*.Dowry Death,
*.Kidnapping,
*.Theft,
*.Criminal Breach of Trust,
*.Unnatural Offenses.

Police Officer’s Power to Investigate Cognizable Cases
Any officer-in-charge of a Police Station, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such stationwould have power to inquire into or try under the provisions of the Criminal Procedure Code.