Section 123A of Criminal Procedure Code CAP 75: 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 particular—
(a) the nature or seriousness of the offence;
(b) the character, antecedents, associations and community ties of the accused person;
(c) the defendant's record in respect of the fulfillment of obligations under previous grants of bail; and;
(d) the strength of the evidence of his having committed the offence;
(2) A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—
(a) has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody;
(b) should be kept in custody for his own protection.
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 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...
- Section 139 - Person may be tried again for separate offence
A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on the former trial under section 135(1).
- Section 140 - Consequences supervening or not known at time of former trial
A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from that for which he was convicted or acquitted may be afterwards tried for...
- Section 141 - Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequently charged with and tried for another offence constituted by the...
- Section 142 - Mode of proof of previous conviction
(1) In any trial or other proceeding under this Code, a previous conviction may be proved, in addition to any other mode provided by any law for the time being in force—
(a) by an extract certified,...
- Section 143 - Leave of Director of Public Prosecutions necessary before prosecution instituted
(1) Proceedings for the trial of a person who is not a Kenya citizen for an offence committed within exclusive economic zone and the territorial waters shall not be instituted in any court except...
- Section 144 - Summons for witness
(1) If it is made to appear that material evidence can be given by or is in thepossession of a person who will not voluntarily attend to give it or will not voluntarily produce it, a court having...
- Section 145 - Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring...
- Section 146 - Warrant for witness in first instance
If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at...
- Section 147 - Mode of dealing with witness arrested under warrant
When a witness is arrested under a warrant, the court may, on his furnishing security by recognizance to the satisfaction of the court for his appearance at the hearing of the case, order him to be...
- Section 148 - Power of court to order prisoner to be brought up for examination
(1) A court desirous of examining, as a witness, in a case pending before it, aperson confined in prison within the local limits of its jurisdiction, may issue an order to the officer in charge of the...
- Section 149 - Penalty for non-attendance of witness
(1) A person summoned to attend as a witness who, without lawful excuse, failsto attend as required by the summons, or who, having attended, departs without having obtained the permission of the...
- Section 150 - Power to summon witnesses, or examine person present
A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and...
- Section 151 - Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
- Section 152 - Refractory witnesses
(1) Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence—
(a) refuses to be...
- Section 154 - Issue of commission for examination of witness
(1) Whenever, in the course of a proceeding under this Code, the High Courtor a magistrate empowered to hold a subordinate court of the first class is satisfied that the examination of a witness is...
- Section 155 - Parties may examine witnesses
(1) The parties to a proceeding under this Code in which a commission isissued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think...
- Section 156 - Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinate court of the first class, it appears that a commission ought to be...
- Section 157 - Return of commission
(1) After a commission issued under section 154 or section 156 has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court or to the...
- Section 158 - Adjournment of inquiry or trial
In a case in which a commission is issued under section 154 or section 156, the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
- Section 160 - Procedure where person charged is only witness
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.