Section 105 of Criminal Procedure Code CAP 75: 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 an escaped convict or person who has been accused of a cognizable offence and has eluded pursuit.
(2) The landholder, farmer or manager shall acknowledge in writing the receiptof the warrant and shall execute it if the person for whose arrest it was issued is in or enters on his land or farm or the land under his charge.
(3) When the person against whom the warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a magistrate having jurisdiction, unless security is taken under section 103.
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- 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...
- Section 137A - Plea agreement negotiation
(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included...
- Section 137B - Plea agreement on behalf of the Republic
A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9)...
- Section 137C - Initiation of plea agreement
(1) An offer for a plea agreement may be initiated by—
(a) a prosecutor; or
(b) an accused person or his legal representative.
(2) The court shall be notified by the parties referred to in...
- Section 137D - Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section
137A—
(a) after consultation with the police officer investigating the case;
(b) with due regard to the nature of and...
- Section 137E - Form of plea agreement
A plea agreement shall be in writing, and shall—
(a) be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands;
(b) if the accused person...
- Section 137F - Recording of plea agreement by court
(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accused person personally in court, and shall inform the accused person of,...
- Section 137G - Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.
- Section 137H - Record of factual basis of plea
(1) Where the court accepts a plea agreement—
(a) it shall enter the factual basis of the plea on record;
(b) the agreement shall become binding upon the prosecutor and the accused;
(c) the...
- Section 137I - Address by parties
(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the...
- Section 137J - Rejection of plea agreement
(1) Where the court rejects a plea agreement—
(a) it shall record the reasons for such rejection and inform the parties accordingly;
(b) the plea agreement shall become null and void and no party...
- Section 137K - Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement
—
(a) prior to acceptance of the plea by the court, for any reason; or
(b) after the court accepts and convicts on the...
- Section 137L - Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom except as to the extent or legality of the sentence...
- Section 137M - Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose...
- Section 137N - Application
This Part shall not apply to—
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
- Section 137O - Rules under this sub-Part
The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mutatis mutandis to prosecutions conducted under section 88 of the Act.
- Section 138 - Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set...