Section 36 of Criminal Procedure Code CAP 75: 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 station to which the person has been brought may in any case and shall, if it does not appear practicable to bring that person before an appropriate subordinate court within twenty-four hours after he has been so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person on his executing a bond, with or without sureties, for a reasonable amount to appear before a subordinate court at a time and place to be named in the bond, but where a person is retained in custody he shall be brought before a subordinate court as soon as practicable:
Provided that an officer in charge of a police station may release a person arrested on suspicion on a charge of committing an offence, when, after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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.
- Section 61 - Discharge of sureties
(1) A surety for the peaceable conduct or good behaviour of another personmay at any time apply to a magistrate empowered to hold a subordinate court of the first class to cancel a bond executed under...
- Section 62 - Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the district named in the order without the written permission of the chief officer of police of the district, or who fails to...
- Section 61A - Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the districtnamed in the order without the written permission of the chief officer of police of the district, or who fails to...
- Section 62 - Police to prevent cognizable offences
A police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of a cognizable offence.
- Section 63 - Information of design to commit such offences
A police officer receiving information of a design to commit a cognizable offence shall communicate that information to the police officer to whom he is subordinate, and to any other officer whose...
- Section 64 - Arrest to prevent such offences
A police officer knowing of a design to commit a cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the...
- Section 65 - Prevention of injury to public property
A police officer may of his own authority interpose to prevent injury attempted to be committed in his view to public property, movable or immovable, or the removal of or injury to any public landmark...
- Section 66 - General authority of courts
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Kenya, or which according to...
- Section 67 - Accused person to be sent to district where offence committed
Where a person accused of having committed an offence within Kenya has escaped or removed from the province or district within which the offence was committed and is found within another province or...
- Section 68 - Removal of accused person under warrant
(1) Where a person is to be sent in custody in pursuance of section 67, awarrant shall be issued by the court within whose jurisdiction he is found, and that warrant shall be sufficient authority to...
- Section 69 - Powers of High Court
The High Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings.
- Section 70 - Place and date of sessions of the High Court
(1) For the exercise of its original criminal jurisdiction the High Court shall hold sittings at such places and on such days as the Chief Justice may direct.
(2) The Registrar of the High Court...
- Section 71 - Ordinary place of inquiry and trial
Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction...
- Section 72 - Trial at place where Act done or where consequence of offence ensures
When a person is accused of the commission of an offence by reason of anything which has been done or of any consequence which has ensued, the offence may be tried by a court within the local limits...
- Section 73 - Trial where offence is connected with another offence
When an act is an offence by reason of its relation to another act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the...
- Section 74 - Trial where place of offence is uncertain
When—
(a) it is uncertain in which of several local areas an offence was committed; or
(b) an offence is committed partly in one local area and partly in another; or
(c) an offence is a continuing...
- Section 75 - Offence committed on a journey
An offence committed whilst the offender is in the course of performing a journey or voyage may be tried by a court through or into the local limits of whose jurisdiction the offender or the person...
- Section 76 - High Court to decide in cases of doubt
(1) Whenever a doubt arises as to the court by which an offence should betried, the court entertaining the doubt may report the circumstances to the High Court, and the High Court shall decide by...
- Section 77 - Court to be open
(1) Subject to subsection (2), the place in which a criminal court is held for the purpose of trying an offence shall be deemed an open court to which the public generally may have access, so far as...
- Section 78 - Transfer of case where offence committed outside jurisdiction
(1) If upon the hearing of a complaint it appears that the cause of complaint arose outside the limits of the jurisdiction of the court before which the complaint has been brought, the court may, on...
- Section 79 - Transfer of cases between magistrates
A magistrate holding a subordinate court of the first class—
(a) may transfer a case of which he has taken cognizance to any magistrate holding a subordinate court empowered to try that case within...
- Section 80 - Transfer of part-heard cases
If in the course of any trial before a magistrate the evidence appears to warrant a presumption that the case is one which should be tried by some other magistrate, he shall stay proceedings and...
- Section 81 - Power of High Court to change venue
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court subordinate thereto; or
(b) that some question of law of unusual...
- Section 82 - Power of Director of Public Prosecutions to enter nolle prosequi
(1) In any criminal case and at any stage thereof before verdict or judgment, asthe case may be, the Director of Public Prosecutions may enter a nolle prosequi, either by stating in court or by...