Section 338 of Criminal Procedure Code CAP 75: Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.
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- Section 339 - Payment in full after commitment
A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorized (if any), to the person in whose custody he is, and that person shall...
- Section 340 - Part payment after commitment
(1) If a person who is confined in prison for non-payment of a sum adjudgedby a court in its criminal jurisdiction to be paid under this Code or under any other Act pays a sum in part satisfaction of...
- Section 341 - Who may issue warrant
A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office.
- Section 342 - Limitation of imprisonment for non-payment of fine, etc.
No commitment for non-payment shall be for a longer period than six months, unless the law under which the conviction has taken place enjoins or allows a longer period.
- Section 343 - Person twice convicted may be subject to police supervision
(1) When a person, having been convicted of an offence punishable withimprisonment for a term of three years or more is again convicted of an offence punishable with imprisonment for a similar term or...
- Section 344 - Requirements from persons subject to police supervision
(1) A court may at any time direct that a person shall, whilst subject to police supervision under section 343 and at large in Kenya, comply with all or any of the following requirements, and may vary...
- Section 344A - Automatic police supervision
(1) A person who is convicted of an offence under section 296(1), 297(1), 308 or 322 of the Penal Code the Prevention of Terrorism Act or the Sexual Offences Act shall be subject to police supervision...
- Section 345 - Failure to comply with requirements under section 344
(1) A person subject to police supervision who fails to comply with a requirementplaced upon him or her by or by virtue of section 344 or 344A commits an offence and is liable, upon conviction, to...
- Section 346 - Errors and omissions in orders and warrants
The court may at any time amend a defect in substance or in form in an order or warrant, and no omission or error as to the time and place, and no defect in form in an order or warrant given under...
- Section 347 - Appeal to High Court
(1) Save as is in this Part provided—
(a) a person convicted on a trial held by a subordinate court of the first or second class may appeal to the High Court; and
(b) Repealed by Act No. 5 of 2003,...
- Section 348 - No appeal on plea of guilty, nor in petty cases
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
- Section 348A - Right of appeal against acquittal, order of refusal or order of dismissal
(1) When an accused person has been acquitted on a trial held by a subordinate court or High Court, or where an order refusing to admit a complaint or formal charge, or an order dismissing a charge,...
- Section 349 - Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the...
- Section 350 - Petition of appeal
(1) An appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall (unless the High Court otherwise directs) be accompanied by a copy...
- Section 351 - Appellant in prison
If the appellant is in prison, he may present his petition of appeal and the copies accompanying it to the officer in charge of the prison, who shall thereupon forward the petition and copies to the...
- Section 352 - Summary rejection of appeal
(1) When the High Court has received the petition and copy under section 350, a judge shall peruse them, and, if he considers that there is no sufficient ground for interfering, may, notwithstanding...
- Section 352A - Summary allowance of appeal
Where an appeal against conviction has been lodged and a judge of the High Court is satisfied that the conviction cannot be supported, and the Director of Public Prosecutions has informed the court in...
- Section 353 - Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the respondent or his advocate, of the time and place at which the...
- Section 354 - Powers of High Court
(1) At the hearing of the appeal the appellant or his advocate may address the court in support of the particulars set out in the petition of appeal and the respondent or his advocate may then address...
- Section 355 - Order of the High Court to be certified to lower court
(1) When a case is decided on appeal by the High Court, it shall certify itsjudgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed.
(2) The...
- Section 356 - Bail and stay of execution pending the entering of an appeal
(1) The High Court, or the subordinate court which has convicted or sentenceda person, may grant bail or may stay execution on a sentence or order pending the entering of an appeal, on such terms as...
- Section 357 - Admission to bail or suspension of sentence pending appeal
(1) After the entering of an appeal by a person entitled to appeal, the High Court, or the subordinate court which convicted or sentenced that person, may order that he be released on bail with or...
- Section 358 - Power to take further evidence
(1) In dealing with an appeal from a subordinate court, the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it...
- Section 359 - Number of judges on an appeal
(1) Appeals from subordinate courts shall be heard by one judge of the HighCourt, except when in any particular case the Chief Justice, or a judge to whom the Chief Justice has given authority in...
- Section 360 - Abatement of appeals
Every appeal from a subordinate court (except an appeal from a sentence of a fine) shall finally abate on the death of the appellant.
- Section 361 - Second appeals
(1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction on a matter of law, and the Court of Appeal...
- Section 362 - Power of High Court to call for records
The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any...
- Section 363 - Subordinate court may call for records of inferior court
(1) A subordinate court of the first class may call for and examine the recordof any criminal proceedings of a subordinate court of a lower class than it and established within its local limits of...
- Section 364 - Powers of High Court on revision
(1) In the case of a proceeding in a subordinate court the record of which has been called for or which has been reported for orders, or which otherwise comes to its knowledge, the High Court...
- Section 365 - Discretion of court as to hearing parties
No party has a right to be heard either personally or by an advocate before the High Court when exercising its powers of revision:
Provided that the court may, when exercising those powers, hear any...
- Section 366 - Number of judges in revision
All proceedings before the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge:
Provided that when the court is...
- Section 367 - High Court order to be certified to lower court
When a case is revised by the High Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or...
- Section 379 - Appeals from High Court to Court of Appeal
(1) A person convicted on a trial held by the High Court and sentenced to death, or to imprisonment for a term exceeding twelve months, or to a fine exceeding two thousand shillings, may appeal to the...
- Section 379A - Appeal to the Court of Appeal on High Court's original jurisdiction
In proceedings under section 203 or 296 (2) of the Penal Code, the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances (Control) Act, the Prevention of Organized Crimes Act,...
- Section 380 - Proceedings in wrong place
No finding, sentence or order of a criminal court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a...
- Section 382 - Finding or sentence when reversible by reason of error or omission incharge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error,...
- Section 383 - Distress not illegal for defect in proceedings
No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of a defect or want of form in the summons, conviction, warrant of distress...
- Section 384 - Statements irregularly taken under section 246
(1) If a court before whom a statement of a person recorded or purporting to be recorded under section 246 of this Code is tendered or has been received in evidence finds that any provision of that...
- Section 385 - Magistrates empowered to hold inquests
A magistrate empowered to hold a subordinate court of the first, or second class, and a magistrate specially empowered in that behalf by the Chief Justice, shall be empowered to hold inquests.
- Section 386 - Police to inquire and report on suicide, etc.
(1) The officer in charge of a police station, or any other officer specially empowered by the Minister in that behalf, on receiving information that a person—
(a) has committed suicide;
(b) has...
- Section 387 - Inquiry by magistrate into cause of death
(1) When a person dies while in the custody of the police, or of a prison officer,or in a prison, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in section...
- Section 388 - Powers of Director of Public Prosecutions as to inquiries into cause of death
(1) The Director of Public Prosecutions may at any time direct a magistrate to hold an inquiry, in accordance with section 387, into the cause of a particular death to which the provisions of that...
- Section 389 - Power to issue directions of the nature of habeas corpus
(1) The High Court may whenever it thinks fit direct—
(a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law;
(b) that any person illegally...
- Section 389A - Procedure on forfeiture of goods
(1) Where, by or under any written law (other than section 29 of the Penal Code), any goods or things may be (but are not obliged to be) forfeited by a court, and that law does not provide the...
- Section 390 - Persons before whom affidavits may be sworn
Affidavits and affirmations to be used before the High Court may be sworn and affirmed before a judge of the High Court, a magistrate, the Registrar or Deputy Registrar of the High Court or a...
- Section 391 - Shorthand notes of proceedings
Shorthand notes may be taken of the proceedings at the trial of a person before the High Court or a subordinate court, and a transcript of those notes shall be made if the court so directs, and the...
- Section 392 - Right to copies of proceedings
If a person affected by a judgment or order passed in proceedings under this Code desires to have a copy of the judgment or order or any deposition or other part of the record, he shall on applying...
- Section 393 - Forms
Forms which the High Court may from time to time approve, with such variations as the circumstances of each case may require, may be used for the respective purposes therein mentioned, and if used...
- Section 394 - Expenses of assessors, witnesses, etc.
Subject to any rules which may be made by the Minister, any court may order payment on the part of the Government of the reasonable expenses of a complainant or witness attending before the court for...