- Section 383 of Criminal Procedure Code CAP 75: 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 or other proceedings relating thereto.
- Section 384 of Criminal Procedure Code CAP 75: 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 has not been complied with by the magistrate recording the statement—
(a) it may take...
- Section 385 of Criminal Procedure Code CAP 75: 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 of Criminal Procedure Code CAP 75: 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 been killed by another or by an accident;
(c) has died under circumstances raising a reasonable...
- Section 387 of Criminal Procedure Code CAP 75: 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 386(1) a magistrate so empowered may, but shall in the case of a missing person believed to be dead,...
- Section 388 of Criminal Procedure Code CAP 75: 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 apply and shall in the case of missing person believed to be dead give such directions as he...
- Section 389 of Criminal Procedure Code CAP 75: 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 or improperly detained in public or private custody within those limits be set at liberty;
(c) that...
- Section 389A of Criminal Procedure Code CAP 75: 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 procedure by which forfeiture is to be effected, then, if it appears to the court that the goods or things...
- Section 390 of Criminal Procedure Code CAP 75: 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 commissioner for oaths.
- Section 391 of Criminal Procedure Code CAP 75: 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 transcript shall for all purposes be deemed to be the official record of the proceedings at the...
- Section 392 of Criminal Procedure Code CAP 75: 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 for the copy be furnished therewith provided he pays for it, unless the court for some special reason...
- Section 393 of Criminal Procedure Code CAP 75: 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 shall be sufficient.
- Section 394 of Criminal Procedure Code CAP 75: 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 the purposes of an inquiry, trial or other proceeding under this Code.