- Section 98 of Criminal Procedure Code CAP 75: Proof of service when serving officer not present
(1) Where the officer who has served a summons is not present at the hearingof the case, and where a summons issued by a court has been served outside the local limits of its jurisdiction, an affidavit purporting to be made before a magistrate that the summons has been served, and a duplicate of the...
- Section 99 of Criminal Procedure Code CAP 75: Power to dispense with personal attendance of accused
(1) Subject to the following provisions of this section, whenever a magistrate issues a summons in respect of an offence other than a felony, he may if he sees reason to do so, and shall when the offence with which the accused is charged is punishable only by fine, or only by fine or imprisonment...
- Section 100 of Criminal Procedure Code CAP 75: Warrant after issue of summons
Notwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.
- Section 101 of Criminal Procedure Code CAP 75: Warrant on disobedience of summons
If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 99, the court may issue a warrant to apprehend him and cause him to be brought before it; but no warrant shall be issued unless a complaint has...
- Section 102 of Criminal Procedure Code CAP 75: Form, contents and duration of warrant
(1) Every warrant of arrest shall be under the hand of the judge or magistrateissuing it and shall bear the seal of the court.
(2) Every warrant shall state shortly the offence with which the person againstwhom it is issued is charged, and shall name or otherwise describe that person, and shall...
- Section 103 of Criminal Procedure Code CAP 75: Court may direct security to be taken
(1) A court issuing a warrant for the arrest of a person in respect of an offenceother than murder, treason or rape may direct by endorsement on the warrant that, if the person executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until...
- Section 104 of Criminal Procedure Code CAP 75: Warrants, to whom directed
(1) A warrant of arrest may be directed to one or more police officers, or to onepolice officer and to all other police officers of the area within which the court has jurisdiction, or generally to all police officers of the area:
Provided that a court issuing a warrant may, if its immediate...
- Section 105 of Criminal Procedure Code CAP 75: Warrants may be directed to landholders, etc.
(1) A magistrate empowered to hold a subordinate court of the first class maydirect a warrant to a landholder, farmer or manager of land within the local limits of his jurisdiction for the arrest of an escaped convict or person who has been accused of a cognizable offence and has eluded...
- Section 106 of Criminal Procedure Code CAP 75: Execution of warrant directed to police officer
A warrant directed to a police officer may also be executed by another police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
- Section 107 of Criminal Procedure Code CAP 75: Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
- Section 108 of Criminal Procedure Code CAP 75: Person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 103 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce that person.
- Section 109 of Criminal Procedure Code CAP 75: Where warrant may be executed
A warrant of arrest may be executed at any place in Kenya.
- Section 110 of Criminal Procedure Code CAP 75: Forwarding of warrants for execution outside jurisdiction
(1) When a warrant of arrest is to be executed outside the local limits of thejurisdiction of the court issuing it, the court may, instead of directing the warrant to a police officer, forward it by post or otherwise to a magistrate within the local limits of whose jurisdiction it is to be...
- Section 111 of Criminal Procedure Code CAP 75: Warrant directed to police officer for execution outside jurisdiction
(1) When a warrant of arrest directed to a police officer is to be executedoutside the local limits of the jurisdiction of the court issuing it, he shall take it for endorsement to a magistrate within the local limits of whose jurisdiction it is to be executed.
(2) The magistrate shall endorse his...
- Section 112 of Criminal Procedure Code CAP 75: Procedure on arrest of person outside jurisdiction
(1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court by which it was issued, the person arrested shall, unless the court which issued the warrant is within twenty miles of the place of arrest, or is nearer than the magistrate within the local limits of...
- Section 113 of Criminal Procedure Code CAP 75: Irregularities in warrant
An irregularity or defect in the substance or form of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at a trial, shall not affect the validity of any proceedings at or subsequent to the...
- Section 114 of Criminal Procedure Code CAP 75: Power to take bond for appearance
Where a person for whose appearance or arrest the officer presiding in a court is empowered to issue a summons or warrant is present in court, the officer may require the person to execute a bond, with or without sureties, for his appearance in that court.
- Section 115 of Criminal Procedure Code CAP 75: Arrest for breach of bond
When a person who is bound by a bond taken under this Code to appear before a court does not so appear, the officer presiding may issue a warrant directing that the person be arrested and produced before him.
- Section 116 of Criminal Procedure Code CAP 75: Power of court to order prisoner to be brought before it
(1) Where a person for whose appearance or arrest a court is empoweredto issue a summons or warrant is confined in prison within the local limits of the jurisdiction of that court, the court may issue an order to the officer in charge of the prison requiring him to bring the prisoner in proper...
- Section 117 of Criminal Procedure Code CAP 75: Provisions of this Part generally applicable to summonses and warrants
The provisions of this Part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.
- Section 118 of Criminal Procedure Code CAP 75: Power to issue search warrant
Where it is proved on oath to a court or a magistrate that anything upon, with or in respect of which an offence has been committed, or anything which is necessary for the conduct of an investigation into an offence, is, or is reasonably suspected to be, in any place, building, ship, aircraft,...
- Section 118A of Criminal Procedure Code CAP 75: Ex-parte application for search warrant
An application for a search warrant under section 118 shall be made ex-parte to a magistrate.
- Section 119 of Criminal Procedure Code CAP 75: Execution of search warrants
A search warrant may be issued on any day (including Sunday), and may be executed on any day (including Sunday) between the hours of sunrise and sunset, but the court may, by the warrant, authorize the police officer or other person to whom it is addressed to execute it at any hour.
- Section 120 of Criminal Procedure Code CAP 75: Persons in charge of closed place to allow ingress and egress
(1) Whenever a building or other place liable to search is closed, a personresiding in or being in charge of the building or place shall, on demand of the police officer or other person executing the search warrant and on production of the warrant, allow him free ingress thereto and egress therefrom...
- Section 121 of Criminal Procedure Code CAP 75: Detention of property seized
(1) When anything is so seized and brought before a court, it may be detaineduntil the conclusion of the case or the investigation, reasonable care being taken for its preservation.
(2) If an appeal is made, or if a person is committed for trial, the court may orderit to be further detained for the...
- Section 122 of Criminal Procedure Code CAP 75: Provisions applicable to search warrants
The provisions of subsections (1) and (3) of section 102, and sections 104, 106, 109, 110 and 111, shall, so far as may be, apply to search warrants issued under section 118.
- Section 123 of Criminal Procedure Code CAP 75: Bail in certain cases
(1) When a person, other than a person accused of murder, treason, robberywith violence, attempted robbery with violence and any drug related offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any...
- Section 123A of Criminal Procedure Code CAP 75: Joinder of two or more accused in one charge or information
(1) Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—
(a) the nature or seriousness of the offence;
(b) the character, antecedents, associations...
- Section 124 of Criminal Procedure Code CAP 75: Bail bond
Before a person is released on bail or on his own recognizance, a bond for such sum as the court or police officer thinks sufficient shall be executed by that person, and, when he is released on bail, by one or more sufficient sureties, conditioned that the person shall attend at the time and place...
- Section 125 of Criminal Procedure Code CAP 75: Discharge from custody
(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released, and when he is in prison the court admitting him to bail shall issue an order of release to the officer in charge of the prison and the officer on receipt of the order shall release...