Section 89 of Criminal Procedure Code CAP 75: 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 reasonable and probable cause that an offence has been committed by another person may make a complaint thereof to a magistrate having jurisdiction.
(3) A complaint may be made orally or in writing, but, if made orally, shall be reduced to writing by the magistrate, and, in either case, shall be signed by the complainant and the magistrate.
(4) The magistrate, upon receiving a complaint, or where an accused person who has been arrested without a warrant is brought before him, shall, subject to the provisions of subsection (5), draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged, unless the charge is signed and presented by a police officer.
(5) Where the magistrate is of the opinion that a complaint or formal charge made or presented under this section does not disclose an offence, the magistrate shall make an order refusing to admit the complaint or formal charge and shall record his reasons for the order.
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- 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,...
- 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
(1) A warrant of arrest may be directed to one or more police officers, or to onepolice officer and to all other police officers of the area within which the court has jurisdiction, or generally to...
- 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...
- Section 106 - Execution of warrant directed to police officer
A warrant directed to a police officer may also be executed by another police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
- 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.
- Section 110 - Forwarding of warrants for execution outside jurisdiction
(1) When a warrant of arrest is to be executed outside the local limits of thejurisdiction of the court issuing it, the court may, instead of directing the warrant to a police officer, forward it by...
- Section 111 - Warrant directed to police officer for execution outside jurisdiction
(1) When a warrant of arrest directed to a police officer is to be executedoutside the local limits of the jurisdiction of the court issuing it, he shall take it for endorsement to a magistrate within...
- Section 112 - Procedure on arrest of person outside jurisdiction
(1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court by which it was issued, the person arrested shall, unless the court which issued the warrant is...
- Section 113 - Irregularities in warrant
An irregularity or defect in the substance or form of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the...
- Section 114 - Power to take bond for appearance
Where a person for whose appearance or arrest the officer presiding in a court is empowered to issue a summons or warrant is present in court, the officer may require the person to execute a bond,...
- Section 115 - Arrest for breach of bond
When a person who is bound by a bond taken under this Code to appear before a court does not so appear, the officer presiding may issue a warrant directing that the person be arrested and produced...
- Section 116 - Power of court to order prisoner to be brought before it
(1) Where a person for whose appearance or arrest a court is empoweredto issue a summons or warrant is confined in prison within the local limits of the jurisdiction of that court, the court may issue...
- Section 117 - Provisions of this Part generally applicable to summonses and warrants
The provisions of this Part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this...
- Section 118 - Power to issue search warrant
Where it is proved on oath to a court or a magistrate that anything upon, with or in respect of which an offence has been committed, or anything which is necessary for the conduct of an investigation...
- Section 118A - Ex-parte application for search warrant
An application for a search warrant under section 118 shall be made ex-parte to a magistrate.
- Section 119 - Execution of search warrants
A search warrant may be issued on any day (including Sunday), and may be executed on any day (including Sunday) between the hours of sunrise and sunset, but the court may, by the warrant, authorize...
- Section 120 - Persons in charge of closed place to allow ingress and egress
(1) Whenever a building or other place liable to search is closed, a personresiding in or being in charge of the building or place shall, on demand of the police officer or other person executing the...
- Section 121 - Detention of property seized
(1) When anything is so seized and brought before a court, it may be detaineduntil the conclusion of the case or the investigation, reasonable care being taken for its preservation.
(2) If an appeal...
- Section 122 - Provisions applicable to search warrants
The provisions of subsections (1) and (3) of section 102, and sections 104, 106, 109, 110 and 111, shall, so far as may be, apply to search warrants issued under section 118.
- Section 123 - Bail in certain cases
(1) When a person, other than a person accused of murder, treason, robberywith violence, attempted robbery with violence and any drug related offence is arrested or detained without warrant by an...
- Section 123A - Joinder of two or more accused in one charge or information
(1) Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in...
- Section 124 - Bail bond
Before a person is released on bail or on his own recognizance, a bond for such sum as the court or police officer thinks sufficient shall be executed by that person, and, when he is released on bail,...
- Section 125 - Discharge from custody
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released, and when he is in prison the court admitting him to bail shall issue an order of...
- Section 126 - Deposit instead of recognizance
When a person may be required by a court or officer to execute a bond, with or without sureties, the court or officer may, except in the case of a bond for good behaviour, require him to deposit a sum...
- Section 127 - Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released...
- Section 128 - Discharge of sureties
(1) All or any of the sureties for the appearance and attendance of a personreleased on bail may at any time apply to a magistrate to discharge the bond either wholly or so far as it relates to the...
- Section 129 - Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new...
- Section 130 - Persons bound by recognizance absconding may be committed
If it is made to appear to a court, by information on oath, that a person bound by recognizance is about to leave Kenya, the court may cause him to be arrested and may commit him to prison until the...
- Section 131 - Forfeiture of recognizance
(1) Whenever it is proved to the satisfaction of a court by which a recognizance under this Code has been taken, or, when the recognizance is for appearance before a court, to the satisfaction of that...
- Section 132 - Appeal from and revision of orders
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
- Section 133 - Power to direct levy of amount due on certain recognizances
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
- Section 134 - Offence to be specified in charge or information with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such...
- Section 135 - Joinder of counts in a charge or information
(1) Any offences, whether felonies or misdemeanours, may be chargedtogether in the same charge or information if the offences charged are founded on the same facts, or form or are part of a series of...
- Section 136 - Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together—
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons...
- Section 137 - Rules for the framing of charges and information's
The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code, not be open to objection in...