- Section 344A of Criminal Procedure Code CAP 75: 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 for a period of five years from the date of his release from prison.
(2) A person who is subject...
- Section 345 of Criminal Procedure Code CAP 75: 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 imprisonment for a term not exceeding six months and on a second or subsequent conviction for that...
- Section 346 of Criminal Procedure Code CAP 75: 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 this Code, shall be held to render void or unlawful an act done or intended to be done by virtue of...
- Section 347 of Criminal Procedure Code CAP 75: 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(b) Repealed by Act No. 5 of 2003, s. 93.
(2) An appeal to the High Court may be on a matter of fact as well as on a matter of law.
- Section 348 of Criminal Procedure Code CAP 75: 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 of Criminal Procedure Code CAP 75: 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, has been made by a subordinate court or High Court, the Director of Public Prosecutions may appeal...
- Section 349 of Criminal Procedure Code CAP 75: 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 period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the...
- Section 350 of Criminal Procedure Code CAP 75: 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 of the judgment or order appealed against.
(2) A petition of appeal shall be signed, if the...
- Section 351 of Criminal Procedure Code CAP 75: 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 Registrar of the High Court.
- Section 352 of Criminal Procedure Code CAP 75: 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 the provisions of section 359, reject the appeal summarily:
(continued on page C44 – 97)
C44 -...
- Section 352A of Criminal Procedure Code CAP 75: 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 writing that he does not support the conviction, the judge may summarily allow the appeal.
- Section 353 of Criminal Procedure Code CAP 75: 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 appeal will be heard,and shall furnish the respondent or his advocate with a copy of the proceedings...
- Section 354 of Criminal Procedure Code CAP 75: 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 the court.
(2) The court may invite the appellant or his advocate to reply upon any matters of law...
- Section 355 of Criminal Procedure Code CAP 75: 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 court to which the High Court certifies its judgment or order shall thereupon make such orders as...
- Section 356 of Criminal Procedure Code CAP 75: 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 to security for the payment of money or the performance or non-performance of any act or the...
- Section 357 of Criminal Procedure Code CAP 75: 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 without sureties, or, if that person is not released on bail, shall at his request order that the...
- Section 358 of Criminal Procedure Code CAP 75: 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 to be taken by a subordinate court.
(2) When the additional evidence is taken by a subordinate...
- Section 359 of Criminal Procedure Code CAP 75: 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 writing, directs that the appeal be heard by one judge of the High Court.
(2) If on the hearing of an...
- Section 360 of Criminal Procedure Code CAP 75: 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 of Criminal Procedure Code CAP 75: 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 shall not hear an appeal under this section—
(a) on a matter of fact, and severity of sentence is a...
- Section 362 of Criminal Procedure Code CAP 75: 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 finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such...
- Section 363 of Criminal Procedure Code CAP 75: 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 jurisdiction, for the purpose of satisfying itself as to the legality, correctness or propriety of any...
- Section 364 of Criminal Procedure Code CAP 75: 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 may—
(a) in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by...
- Section 365 of Criminal Procedure Code CAP 75: 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 party either personally or by an advocate, and nothing in this section shall affect section...
- Section 366 of Criminal Procedure Code CAP 75: 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 composed of more than one judge and the court is equally divided in opinion, the sentence or order...
- Section 367 of Criminal Procedure Code CAP 75: 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 order is so certified shall thereupon make such orders as are conformable to the decision so...
- Section 379 of Criminal Procedure Code CAP 75: 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 Court of Appeal—
(a) against the conviction, on grounds of law or of fact, or of mixed law and...
- Section 379A of Criminal Procedure Code CAP 75: 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, the Proceeds of Crime and Anti-Money Laundering Act and the Counter-Trafficking in Persons Act, where...
- Section 380 of Criminal Procedure Code CAP 75: 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 wrong area, unless it appears that the error has occasioned a failure of justice.
- Section 382 of Criminal Procedure Code CAP 75: 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, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or...