(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 rele…
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…
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…
(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 ap…
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 sure…
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 t…
(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…
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
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 particul…
(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…
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 accused…
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…
(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 offence; (…
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)…
(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 subsection…
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 the…
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 has…
(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,…
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.
(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 agreement…
(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 peri…
(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 shal…
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 plea…
(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 imposed. (2) Notwithst…
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 excep…
This Part shall not apply to— (a) offences under the Sexual Offences Act, 2006; (b) offences of genocide, war crimes and crimes against humanity.
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.
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 as…
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).
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…
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 sa…
(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, u…
(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 with…
(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 cogn…
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 hi…
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…
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 re…
(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…
(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 court…
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 re…
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.
(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 swor…
(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 ne…
(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…
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 i…
(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…
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.
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.
In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer o…
