- Section 22 of Criminal Procedure Code CAP 75: Search of place entered by person sought to be arrested
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of that place shall, on demand of the person so acting or the...
- Section 23 of Criminal Procedure Code CAP 75: Power to break out of house, etc., for purposes of liberation
A police officer or other person authorized to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
- Section 24 of Criminal Procedure Code CAP 75: No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
- Section 25 of Criminal Procedure Code CAP 75: Search of arrested persons
Whenever a person is arrested—
(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b) without warrant, or by a private person under a warrant, and the person...
- Section 26 of Criminal Procedure Code CAP 75: Power to detain and search aircraft, vessels, vehicles and persons
(1) A police officer, or other person authorized in writing in that behalf by the Commissioner of Police, may stop, search and detain—
(a) any aircraft, vessel or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found; or
(b) any aircraft,...
- Section 27 of Criminal Procedure Code CAP 75: Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
- Section 28 of Criminal Procedure Code CAP 75: Power to seize offensive weapons
The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person...
- Section 29 of Criminal Procedure Code CAP 75: Arrest by police officer without warrant
A police officer may, without an order from a magistrate and without a warrant, arrest—
(a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer...
- Section 30 of Criminal Procedure Code CAP 75: Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause to be arrested—
(a) any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking those precautions with a view to...
- Section 31 of Criminal Procedure Code CAP 75: Procedure when police officer deputes subordinate to arrest without warrant
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant under section 30, he shall deliver to the officer required to make the arrest an order in...
- Section 32 of Criminal Procedure Code CAP 75: Refusal to give name and residence
(1) When a person who in the presence of a police officer has committed orhas been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested...
- Section 33 of Criminal Procedure Code CAP 75: Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.
- Section 34 of Criminal Procedure Code CAP 75: Arrest by private person
(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.
(2) Persons found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants...
- Section 35 of Criminal Procedure Code CAP 75: Disposal of person arrested by private person
(1) A private person arresting another person without a warrant shall withoutunnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take that person to the nearest police station.
(2) If there is reason to believe that the person comes...
- Section 36 of Criminal Procedure Code CAP 75: Detention of persons arrested without warrant
When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police station to which the person has been brought may in any case and shall, if it does not appear...
- Section 36A of Criminal Procedure Code CAP 75: Remand by court
(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being arrested.
(2) Notwithstanding subsection (1), if a police officer has reasonable grounds to believe that the detention of a...
- Section 37 of Criminal Procedure Code CAP 75: Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons have been admitted to bail or not.
- Section 38 of Criminal Procedure Code CAP 75: Offence committed in magistrate’s presence
When an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions of this Code as to bail, commit the offender to custody.
- Section 39 of Criminal Procedure Code CAP 75: Arrest by magistrate
A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. Escape and Retaking
- 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...