Section 167 of Criminal Procedure Code CAP 75: Procedure when accused does not understand proceedings
(1) If the accused, though not insane, cannot be made to understand the proceedings—
(a) in cases tried by a subordinate court, the court shall proceed to hear the evidence, and, if at the close of the evidence for the prosecution, and, if the defence has been called upon, of any evidence for the defence, the court is of the opinion that the evidence which it has heard would not justify a conviction, it shall acquit and discharge the accused, but if the court is of the opinion that the evidence which it has heard would justify a conviction it shall order the accused to be detained during the President’s pleasure; but every such order shall be subject to confirmation by the High Court;
(b) in cases tried by the High Court, the Court shall try the case and at the close thereof shall either acquit the accused person or, if satisfied that the evidence would justify a conviction, shall order that the accused person be detained during the President’s pleasure.
(2) A person ordered to be detained during the President’s pleasure shall be liable to be detained in such place and under such conditions as the President may from time to time by order direct, and whilst so detained shall be deemed to be in lawful custody.
(3) The President may at any time of his own motion, or after receiving a report from any person or persons thereunto empowered by him, order that a person detained as provided in subsection (2) be discharged or otherwise dealt with, subject to such conditions as to the person remaining under supervision in any place or by any person, and such other conditions for ensuring the welfare of the detained person and the public, as the President thinks fit.
(4) When a person has been ordered to be detained during the Presidents pleasure under paragraph (a) or paragraph (b) of subsection (1), the confirming or presiding judge shall forward to the Minister a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make.
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(1) The judgment in every trial in a criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of the judgment shall be explained, in open court either...
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- Section 174 - Costs and compensation to be specified in order, how recoverable
(1) Sums allowed for costs awarded under section 171 shall in all cases bespecified in the conviction or order.
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- Section 177 - Property found on accused person
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- Section 178 - Property stolen
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- Section 179 - When offence proved is included in offence charged
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- Section 180 - Persons charged with any offence may be convicted of attempt
When a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.
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- Section 182 - Charge of manslaughter in connexion with driving of motor vehicle
When a person is charged with manslaughter in connexion with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an...
- Section 183 - Charge of administering oaths
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- Section 185 - Repealed by Act No. 3 of 2006, Second Sch.
(b) With offences under the Sexual Offences Act;
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When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under...
- Section 187 - Charge of Burglary, etc.
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- Section 188 - Charge of stealing
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- Section 189 - Charge of obtaining by false pretences
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- Section 190 - Charge of stock theft under the Penal Code
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If on a trial for a misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of the misdemeanour; and no person tried for the misdemeanour shall be...
- Section 193 - Right of accused to be defended
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Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall...
- Section 194 - Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in a trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the...
- Section 197 - Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner—
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- Section 198 - Interpretation of evidence to accused or his advocate
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.
(2) If he...
- Section 199 - Remarks respecting demeanour of witness
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- Section 202 - Non-appearance of complainant at hearing
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- Section 203 - Appearance of both parties
If at the time appointed for the hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and...
- Section 204 - Withdrawal of complaint
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- Section 205 - Adjournment
(1) The court may, before or during the hearing of a case, adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties or their...
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(1) If, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which made the order of adjournment, the court may, unless the...
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(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he pleads not guilty, guilty or guilty subject to a plea agreement.
[Issue 2]
(2) If...
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(2) The accused person or his advocate...
- Section 210 - Acquittal of accused person when no case to answer
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- Section 211 - Defence
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- Section 212 - Evidence in reply
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- Section 213 - Order of speeches
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(1) Where, at any stage of a trial before the close of the case for the prosecution, it appears to the court that the charge is defective, either in substance or in form, the court may make such order...
- Section 215 - Decision
The court having heard both the complainant and the accused person, and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to...
- Section 216 - Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused person under section 215, receive such evidence as it thinks fit in order to inform itself as to the sentence or order...
- Section 217 - Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.
- Section 218 - Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proof be a bar to a subsequent information or complaint for the same...
- Section 219 - Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence the maximum punishment for which does not exceed imprisonment for six months, or a fine of one thousand shillings, or both, shall be...
- Section 221 - Committal to higher court for sentence
(1) Where a person of not less than eighteen years of age is convicted by a subordinate court of the second class of an offence which is punishable by either that court or a subordinate court of the...
- Section 274 - Pleading to information
The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court sees cause otherwise to order, and the information shall be read over...