Criminal Law: Non Cognizable Offence in Kenya

Non-cognizable offence means an offence for which, and `non-cognizable case’ means a casein which, a police officer without anywarrant has no authority to arrest.Non-Cognizable offenses are not much serious in nature.

Examples of Non cognizable offenses
*.Assault,
*.Cheating,
*.Forger

In case of Non-Cognizable offence, it is important for the police officer to obtain the permission from the Magistrate to start the investigation.In such offences for arrest, following steps have to be followed:
1.Filing of complaint/F.I.R
2.Investigation
3.Charge sheet,
4.Charge sheet to be filed in court
5.Trial
6.Final order of arrest if case has been made out.

Ordinarily a private citizen intending to initiate criminal proceedings in respect of an offence has two courses open to him. He may lodge an FIR before the police if the offence is cognizable one; or he may lodge a complaint before a competent judicial magistrate irrespective of whether the offence is cognizable or non-cognizable.