- Section 40 of Criminal Procedure Code CAP 75: Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Kenya.
- Section 41 of Criminal Procedure Code CAP 75: Provisions of sections 22 and 23 to apply to arrests under section 40
The provisions of sections 22 and 23 shall apply to arrests under section 40
although the person making the arrest is not acting under a warrant and is not a police officer having authority to arrest.
- Section 42 of Criminal Procedure Code CAP 75: Assistance to magistrate or police officer
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—
(a) in the taking or preventing the escape of another person whom the magistrate or police officer is authorized to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the...
- Section 42A of Criminal Procedure Code CAP 75: Disclosure by prosecution
(1) Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused person has reasonable access to that evidence.
(2) In proceedings under the Prevention of Terrorism...
- Section 43 of Criminal Procedure Code CAP 75: Security for keeping the peace
(1) Whenever a magistrate empowered to hold a subordinate court of the first-class is informed that a person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity,...
- Section 44 of Criminal Procedure Code CAP 75: 44. Security for good behaviour from persons disseminating seditious matter
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that there is within the limits of his jurisdiction a person who, within or without those limits, either orally or in writing or in any other manner, disseminates, or attempts to disseminate, or has...
- Section 45 of Criminal Procedure Code CAP 75: Security for good behaviour from suspected persons
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person is taking precautions to conceal his presence within the local limits of the magistrate’s jurisdiction, and that there is reason to believe that the person is taking those precautions...
- Section 46 of Criminal Procedure Code CAP 75: Security for good behaviour from habitual offenders
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person within the local limits of his jurisdiction—
(a) is by habit a robber, housebreaker or thief; or
(b) is by habit a receiver of stolen property, knowing it to have been stolen;...
- Section 47 of Criminal Procedure Code CAP 75: Order to be made
When a magistrate acting under section 43, section 44, section 45 or section 46 deems it necessary to require a person to show cause, he shall make an order in writing setting out—
(a) the substance of the information received;
(b) in the case of a restriction order, the district to which the...
- Section 48 of Criminal Procedure Code CAP 75: Procedure in case of person present in court
If the person in respect of whom an order under section 47 is made present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.
- Section 49 of Criminal Procedure Code CAP 75: Summons or warrant in case of person not so present
If the person in respect of whom an order is made under section 47 is not present in court, the magistrate shall issue a summons requiring him to appear, or, when the person is in custody, a warrant directing the officer in whose custody he is to bring him before the court:
Provided that, whenever...
- Section 50 of Criminal Procedure Code CAP 75: Copy of order under section 47 to accompany summons or warrant
Every summons or warrant issued under section 49 shall be accompanied by a copy of the order made under section 47, and the copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.
- Section 51 of Criminal Procedure Code CAP 75: Power to dispense with personal attendance
The magistrate may, if he sees sufficient cause, dispense with the personal attendance of a person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by an advocate.
- Section 52 of Criminal Procedure Code CAP 75: Inquiry as to truth of information
(1) When an order under section 47 has been read or explained under section48 to a person present in court, or when any person appears or is brought before a magistrate in compliance with or in execution of a summons or warrant issued under section 49, the magistrate shall proceed to inquire into...
- Section 53 of Criminal Procedure Code CAP 75: Order to give security
(1) If upon an inquiry it is proved that it is necessary for keeping the peace ormaintaining good behaviour that the person in respect of whom the inquiry is made should be made subject to a restriction order or should execute a bond, with or without sureties, the magistrate shall make an order...
- Section 54 of Criminal Procedure Code CAP 75: Discharge of person informed against
If on an inquiry under section 52 it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should be subject to a restriction order or should execute a bond, the magistrate shall make an entry on the record to...
- Section 55 of Criminal Procedure Code CAP 75: Commencement of period for which security is required
(1) If a person in respect of whom an order is made under section 47 or section53 is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period of such order shall commence on the expiration of the sentence.
(2) In other cases the period shall commence on the...
- Section 56 of Criminal Procedure Code CAP 75: Contents of bond
of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.
- Section 57 of Criminal Procedure Code CAP 75: Power to reject sureties
A magistrate may refuse to accept a surety offered under any of the preceding sections of this Part on the ground that, for reasons to be recorded by the magistrate, the surety is an unfit person.
- Section 58 of Criminal Procedure Code CAP 75: Procedure on failure of person to give security
(1) If a person ordered to give security does not give security on or before the date on which the period for which security is to be given commences, he shall, except in the case mentioned in subsection (2), be committed to prison, or, if he is already in prison, be detained in prison until that...
- Section 59 of Criminal Procedure Code CAP 75: Power to release persons imprisoned for failure to give security
Whenever a magistrate empowered to hold a subordinate court of the first class is of the opinion that a person imprisoned for failing to give security may be released without hazard to the community, the magistrate shall make an immediate report of the case for the orders of the High Court, and that...
- Section 60 of Criminal Procedure Code CAP 75: Power of High Court to cancel bond
The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any order made under section 47 or section 53.
- Section 61 of Criminal Procedure Code CAP 75: Discharge of sureties
(1) A surety for the peaceable conduct or good behaviour of another personmay at any time apply to a magistrate empowered to hold a subordinate court of the first class to cancel a bond executed under any of the preceding sections of this Part within the local limits of his jurisdiction.
(2) On the...
- Section 62 of Criminal Procedure Code CAP 75: Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the district named in the order without the written permission of the chief officer of police of the district, or who fails to comply with any condition attached to that permission, shall be guilty of an offence and liable to...
- Section 61A of Criminal Procedure Code CAP 75: Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the districtnamed in the order without the written permission of the chief officer of police of the district, or who fails to comply with any condition attached to that permission, shall be guilty of an offence and liable to...
- Section 62 of Criminal Procedure Code CAP 75: Police to prevent cognizable offences
A police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of a cognizable offence.
- Section 63 of Criminal Procedure Code CAP 75: Information of design to commit such offences
A police officer receiving information of a design to commit a cognizable offence shall communicate that information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of the offence.
- Section 64 of Criminal Procedure Code CAP 75: Arrest to prevent such offences
A police officer knowing of a design to commit a cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented.
- Section 65 of Criminal Procedure Code CAP 75: Prevention of injury to public property
A police officer may of his own authority interpose to prevent injury attempted to be committed in his view to public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
- Section 66 of Criminal Procedure Code CAP 75: General authority of courts
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Kenya, or which according to law may be dealt with as if it had been committed within Kenya, and to deal with the accused person...