Section 46 of Criminal Procedure Code CAP 75: 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 thief; or
(b) is by habit a receiver of stolen property, knowing it to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets in the commission of, an offence punishable under Chapter XXX, Chapter XXXIII or Chapter XXXVI of the Penal Code; or
(e) habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or
(f) is so desperate and dangerous as to render his being at large without security hazardous to the community; or
(g) is a member of an unlawful society within the meaning of section 4(1) of the Societies Act (Cap. 108),
the magistrate may, in the manner hereinafter provided, require that person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit, or why an order (hereinafter in this Part referred to as a restriction order) should not be made that he be taken to the district in which his home is situated and be restricted to that district during a period of three years:
Provided that where a magistrate is of the opinion that, having regard to all the circumstances of the case, it is desirable that the person be restricted to some other district he may specify that the person shall be so restricted.
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- 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...
- Section 83 - Delegation of powers by Director of Public Prosecution
The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by sections 81 and 82, and by Part VIII, be vested for the time being in the Solicitor-General, the...
- Section 85 - Power to appoint public prosecutors
(1) The Director of Public Prosecutions, by notice in the Gazette, may appoint public prosecutors for Kenya or for any specified area thereof, and either generally or for any specified case or class...
- Section 86 - Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under trial or appeal; and if a private person instructs an advocate...
- Section 87 - Withdrawal from prosecution in trials before subordinate courts
In a trial before a subordinate court a public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced,...
- Section 88 - Permission to conduct prosecution
(1) A magistrate trying a case may permit the prosecution to be conducted byany person, but no person other than a public prosecutor or other officer generally or specially authorized by the Director...
- Section 89 - Complaint and charge
(1) Proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without warrant.
(2) A person who believes from a...
- Section 90 - Issue of summons or warrant
(1) Upon receiving a complaint and having signed the charge in accordancewith section 89, the magistrate may issue either a summons or a warrant to compel the attendance of the accused person before a...
- Section 91 - Form and contents of summons
(1) Every summons issued by a court under this Code shall be in writing, induplicate, signed and sealed by the presiding officer of the court or by such other officer as the High Court may from time...
- Section 92 - Service of summons
(1) Every summons shall be served either by a police officer, an officer ofthe court issuing it or by such other person as the court may direct, and shall, if practicable, be served personally on the...
- Section 93 - Service when person summoned cannot be found
Where a person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with an adult member of his family or with his servant...
- Section 94 - Procedure when service cannot be effected as before provided
If service in the manner provided by sections 92 and 93 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous...
- Section 95 - Service on servant of Government
Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which that person is employed,...