Section 188 of Criminal Procedure Code CAP 75: Charge of stealing
When a person is charged with stealing anything and—
(a) the facts proved amount to an offence under section 322 or section 323 of the Penal Code (Cap. 63), he may be convicted of that offence although he was not charged with it;
(b) it is proved that he obtained the thing in a manner as would amount, under the provisions of the Penal Code or of any other law for the time being in force, to obtaining it by false pretences with intent to defraud, he may be convicted of the offence of obtaining it by false pretences although he was not charged with it.
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 189 - Charge of obtaining by false pretences
When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is proved that he stole the thing, he may be convicted of the offence of...
- Section 190 - Charge of stock theft under the Penal Code
When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) 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 191 - Construction of sections 179 to 190
The provisions of sections 179 to 190, both inclusive, shall be construed as in addition to, and not in derogation of, the provisions of any other Act and the other provisions of this Code, and the...
- Section 192 - Person charged with misdemeanour not to be acquitted if felony proved, unless court so directs
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
A person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in a criminal court, may of right be defended by an advocate.
- Section 193A - Concurrent criminal and civil proceedings
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—
(a) the evidence of each witness shall be taken down in writing or on a typewriter in...
- 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
When a magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of the witness whilst under examination.
- Section 200 - Conviction on evidence partly recorded by one magistrate and partly by another
(1) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein and is succeeded by another...
- Section 201 - Rules as to taking down of evidence
(1) The Chief Justice may make rules of court prescribing the manner in whichevidence shall be taken down in cases coming before the High Court, and the judges shall take down the evidence or the...
- Section 202 - Non-appearance of complainant at hearing
If, in a case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons...
- 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
If a complainant, at any time before a final order is passed in a case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, the court...
- 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...
- Section 206 - Non-appearance of parties after adjournment
(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...
- Section 207 - Accused to be called upon to plead
(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...
- Section 208 - Procedure on plea of not guilty
(1) If the accused person does not admit the truth of the charge, the court shallproceed to hear the complainant and his witnesses and other evidence (if any).
(2) The accused person or his advocate...
- Section 210 - Acquittal of accused person when no case to answer
If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it...
- Section 211 - Defence
(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against...
- Section 212 - Evidence in reply
If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor...
- Section 213 - Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and order as in a trial under this Code before the High Court.
- Section 214 - Variance between charge and evidence, and amendment of charge
(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...
- Section 275 - Orders for amendment of information, separate trial, and postponement of trial
(1) Every objection to an information for a formal defect on the face thereof shall be taken immediately after the information has been read over to the accused person and not later.
(2) Where,...
- Section 276 - Quashing of information
(1) If an information does not state, and cannot by amendment authorized bysection 275 be made to state, an offence of which the accused has had notice, it shall be quashed either on a motion made...
- Section 277 - Procedure in case of previous convictions
Where an information contains a count charging an accused person with having been previously convicted for an offence, the procedure shall be as follows—
(a) the part of the information stating the...
- Section 278 - Effect of plea of “not guilty”
An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of “not guilty” shall, without further form, be deemed to have put himself upon the country for...
- Section 279 - Plea of autrefois acquit and autrefois convict
(1) An accused person against whom an information is filed may plead—
(a) that he has been previously convicted or acquitted of the same offence; or
(b) that he has obtained the President’s pardon...
- Section 280 - Refusal to plead
(1) If an accused person being arraigned upon an information stands muteof malice, or neither will nor by reason of infirmity can, answer directly to the information, the court may order the Registrar...
- Section 281 - Plea generally and application of Part IVA
(1) An accused person may plead not guilty, guilty, or guilty subject to a pleaagreement.
(2) Where an accused person pleads guilty subject to a plea agreement, theprovisions of Part IV relating to...
- Section 282 - Procedure on plea of “not guilty”
If the accused pleads “not guilty”, or if a plea of “not guilty” is entered in accordance with section 280, the court shall proceed to try the case.
- Section 283 - Power to postpone or adjourn proceedings
(1) If, from the absence of witnesses or any other reasonable cause to berecorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn a...
- Section 300 - Opening of case for prosecution
The advocate for the prosecution shall open the case against the accused person,and shall call witnesses and adduce evidence in support of the charge.
- Section 302 - Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution.
- Section 306 - Close of case for prosecution
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence...
- Section 307 - Defence
(1) The accused person or his advocate may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the...
- Section 308 - Additional witnesses for the defence
The accused person shall be allowed to examine any witness not previously summoned to give evidence at the trial, if that witness is in attendance.
- Section 309 - Evidence in reply
If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by the exercise of reasonable diligence have foreseen, the court may allow...
- Section 310 - Prosecutor’s reply
If the accused person, or any one of several accused persons, adduces any evidence, the advocate for the prosecution shall, subject to the provisions of section 161, be entitled to reply.
- Section 311 - Where accused adduces no evidence
If the accused person says that he does not intend to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then...
- Section 322 - Delivery of judgment
(1) When the case on both sides is closed, the judge shall then give judgment.
(2) If the accused person is convicted, the judge shall pass sentence on him according to law.
- Section 323 - Calling upon the accused
If the judge convicts the accused person, or if the accused person pleads guilty, the Registrar or other officer of the court shall ask him whether he has anything to say why sentence should not be...