Section 21 of Criminal Procedure Code CAP 75: 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 action.
(2) If a person forcibly resists the endeavour to arrest him, or attempts to evadethe arrest, the police officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section shall justify the use of greater force than was reasonable in the particular circumstances in which it was employed or was necessary for the apprehension of the offender.
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(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—
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- 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
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- Section 36A - Remand by court
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- 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.
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The provisions of sections 22 and 23 shall apply to arrests under section 40
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- Section 42 - Assistance to magistrate or police officer
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—
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- Section 42A - Disclosure by prosecution
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- 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
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- 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—
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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—
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- Section 48 - Procedure in case of person present in court
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- Section 51 - Power to dispense with personal attendance
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- 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
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- Section 54 - Discharge of person informed against
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- Section 56 - Contents of bond
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- Section 65 - Prevention of injury to public property
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