Section 74 of Criminal Procedure Code CAP 75: 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 one, and continues to be committed in more than one local areas; or
(d) an offence consists of several acts done in different local areas, it may be tried by a court having jurisdiction over any of those local areas.
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- 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—
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- 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...
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- 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...
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- 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...
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(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,...
- Section 96 - Service on company
Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered...
- Section 97 - Service outside local limits of jurisdiction
When a court desires that a summons issued by it shall be served at a place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a magistrate within the local limits...
- Section 98 - Proof of service when serving officer not present
(1) Where the officer who has served a summons is not present at the hearingof the case, and where a summons issued by a court has been served outside the local limits of its jurisdiction, an...
- Section 99 - Power to dispense with personal attendance of accused
(1) Subject to the following provisions of this section, whenever a magistrate issues a summons in respect of an offence other than a felony, he may if he sees reason to do so, and shall when the...
- Section 100 - Warrant after issue of summons
Notwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.
- Section 101 - Warrant on disobedience of summons
If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 99, the court may issue a warrant to...
- Section 102 - Form, contents and duration of warrant
(1) Every warrant of arrest shall be under the hand of the judge or magistrateissuing it and shall bear the seal of the court.
(2) Every warrant shall state shortly the offence with which the person...
- Section 103 - Court may direct security to be taken
(1) A court issuing a warrant for the arrest of a person in respect of an offenceother than murder, treason or rape may direct by endorsement on the warrant that, if the person executes a bond with...
- Section 104 - Warrants, to whom directed
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- Section 105 - Warrants may be directed to landholders, etc.
(1) A magistrate empowered to hold a subordinate court of the first class maydirect a warrant to a landholder, farmer or manager of land within the local limits of his jurisdiction for the arrest of...
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- Section 107 - Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
- Section 108 - Person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 103 as to security) without unnecessary delay bring the person arrested before the court...
- Section 109 - Where warrant may be executed
A warrant of arrest may be executed at any place in Kenya.
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- Section 113 - Irregularities in warrant
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- Section 114 - Power to take bond for appearance
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(2) If an appeal...
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