Section 3 of Criminal Procedure Code CAP 75: Trial of offences under Penal Code and under other laws
(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried andotherwise dealt with according to this Code.
(2) All offences under any other law shall be inquired into, tried and otherwisedealt with according to this Code, subject to any enactment for the time being in force regulating the manner or place of inquiring into, trying, or otherwise dealing with those offences.
(3) Notwithstanding anything in this Code, the High Court may, subject to theprovisions of any law for the time being in force, in exercising its criminal jurisdiction in respect of any matter or thing to which the procedure prescribed by this Code is inapplicable, exercise that jurisdiction according to the course of procedure and practice observed by and before the High Court of Justice in England at the date of the coming into operation of this Code.
(4) Notwithstanding anything in this Code or any other written law, in relationto a person who is a member of the armed forces or police forces of another country lawfully present in Kenya as a consequence of an agreement between the government of that other country and the Government of Kenya, in which agreement provision is made in respect of offences under the Penal Code or any other written law for the detention or punishment of that person or the inquiry into, trial or other disposal of those offences, nothing done or omitted in accordance with such a provision shall be or shall be deemed to be unlawful or contrary to the provisions of this Code, or any other written law.
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- Section 4 - Offences under Penal Code
Subject to this Code, an offence under the Penal Code (Cap. 63) may be tried by the High Court, or by a subordinate court by which the offence is shown in the fifth column of the First Schedule to...
- Section 5 - Offences under other laws
(1) An offence under any law other than the Penal Code (Cap. 63) shall, whena court is mentioned in that behalf in that law, be tried by that court.
(2) When no court is so mentioned, it may, subject...
- Section 6 - Sentences which High Court may pass
The High Court may pass any sentence authorized by law.
- Section 7 - Sentences which subordinate courts may pass
(1) A subordinate court of the first class held by—
(a) a chief magistrate, senior principal magistrate, principal magistrate or senior resident magistrate may pass any sentence authorized by law for...
- Section 8 - Powers of Judicial Service Commission to extend jurisdiction of subordinate courts
The Judicial Service Commission may, by notice in the Gazette, extend the jurisdiction of any particular magistrate under section 7 either generally or in relation to particular offences triable by a...
- Section 12 - Combination of sentences
Any court may pass a lawful sentence combining any of the sentences which it is authorized by law to pass.
- Section 14 - Sentences in cases of conviction of several offences at one trial
(1) Subject to subsection (3), when a person is convicted at one trial of two or more distinct offences, the court may sentence him, for those offences, to the several punishments prescribed therefor...
- Section 15 - Suspended Sentences
(1) Any court which passes a sentence of imprisonment for a term of not morethan two years for any offence may order that the sentence shall not take effect unless during the period specified by the...
- Section 21 - Arrest
(1) In making an arrest the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there be a submission to custody by word or...
- Section 22 - Search of place entered by person sought to be arrested
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the...
- Section 23 - Power to break out of house, etc., for purposes of liberation
A police officer or other person authorized to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of...
- Section 24 - No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
- Section 25 - Search of arrested persons
Whenever a person is arrested—
(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested...
- Section 26 - Power to detain and search aircraft, vessels, vehicles and persons
(1) A police officer, or other person authorized in writing in that behalf by the Commissioner of Police, may stop, search and detain—
(a) any aircraft, vessel or vehicle in or upon which there is...
- Section 27 - Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
- Section 28 - Power to seize offensive weapons
The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer...
- Section 29 - Arrest by police officer without warrant
A police officer may, without an order from a magistrate and without a warrant, arrest—
(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;
(b) any...
- Section 30 - Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause to be arrested—
(a) any person found taking precautions to conceal his presence within the limits of the station under...
- Section 31 - Procedure when police officer deputes subordinate to arrest without warrant
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a...
- Section 32 - Refusal to give name and residence
(1) When a person who in the presence of a police officer has committed orhas been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence,...
- Section 33 - Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having...
- Section 34 - Arrest by private person
(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.
(2) Persons found committing an offence...
- Section 35 - Disposal of person arrested by private person
(1) A private person arresting another person without a warrant shall withoutunnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take...
- Section 36 - Detention of persons arrested without warrant
When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police...
- Section 36A - Remand by court
(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being...
- Section 37 - Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons...
- Section 38 - Offence committed in magistrate’s presence
When an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject...
- Section 39 - Arrest by magistrate
A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the...
- Section 40 - Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Kenya.
- Section 41 - Provisions of sections 22 and 23 to apply to arrests under section 40
The provisions of sections 22 and 23 shall apply to arrests under section 40
although the person making the arrest is not acting under a warrant and is not a police officer having authority to...
- Section 42 - Assistance to magistrate or police officer
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—
(a) in the taking or preventing the escape of another person whom the magistrate or police officer is...
- Section 42A - Disclosure by prosecution
(1) Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused...
- Section 43 - Security for keeping the peace
(1) Whenever a magistrate empowered to hold a subordinate court of the first-class is informed that a person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any...
- Section 44 - 44. Security for good behaviour from persons disseminating seditious matter
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that there is within the limits of his jurisdiction a person who, within or without those limits,...
- Section 45 - Security for good behaviour from suspected persons
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person is taking precautions to conceal his presence within the local limits of the...
- Section 46 - Security for good behaviour from habitual offenders
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person within the local limits of his jurisdiction—
(a) is by habit a robber, housebreaker or...
- Section 47 - Order to be made
When a magistrate acting under section 43, section 44, section 45 or section 46 deems it necessary to require a person to show cause, he shall make an order in writing setting out—
(a) the substance...
- Section 48 - Procedure in case of person present in court
If the person in respect of whom an order under section 47 is made present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.
- Section 49 - Summons or warrant in case of person not so present
If the person in respect of whom an order is made under section 47 is not present in court, the magistrate shall issue a summons requiring him to appear, or, when the person is in custody, a warrant...
- Section 50 - Copy of order under section 47 to accompany summons or warrant
Every summons or warrant issued under section 49 shall be accompanied by a copy of the order made under section 47, and the copy shall be delivered by the officer serving or executing the summons or...
- Section 51 - Power to dispense with personal attendance
The magistrate may, if he sees sufficient cause, dispense with the personal attendance of a person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and...
- Section 52 - Inquiry as to truth of information
(1) When an order under section 47 has been read or explained under section48 to a person present in court, or when any person appears or is brought before a magistrate in compliance with or in...
- Section 53 - Order to give security
(1) If upon an inquiry it is proved that it is necessary for keeping the peace ormaintaining good behaviour that the person in respect of whom the inquiry is made should be made subject to a...
- Section 54 - Discharge of person informed against
If on an inquiry under section 52 it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should be subject to...
- Section 55 - Commencement of period for which security is required
(1) If a person in respect of whom an order is made under section 47 or section53 is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period of such order...
- Section 56 - Contents of bond
of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with...
- Section 57 - Power to reject sureties
A magistrate may refuse to accept a surety offered under any of the preceding sections of this Part on the ground that, for reasons to be recorded by the magistrate, the surety is an unfit person.
- Section 58 - Procedure on failure of person to give security
(1) If a person ordered to give security does not give security on or before the date on which the period for which security is to be given commences, he shall, except in the case mentioned in...
- Section 59 - Power to release persons imprisoned for failure to give security
Whenever a magistrate empowered to hold a subordinate court of the first class is of the opinion that a person imprisoned for failing to give security may be released without hazard to the community,...
- Section 60 - Power of High Court to cancel bond
The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any order made under section 47 or section 53.