- 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...
- Section 67 of Criminal Procedure Code CAP 75: Accused person to be sent to district where offence committed
Where a person accused of having committed an offence within Kenya has escaped or removed from the province or district within which the offence was committed and is found within another province or district, the court within whose jurisdiction he is found shall cause him to be brought before it,...
- Section 68 of Criminal Procedure Code CAP 75: Removal of accused person under warrant
(1) Where a person is to be sent in custody in pursuance of section 67, awarrant shall be issued by the court within whose jurisdiction he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named and to carry him and...
- Section 69 of Criminal Procedure Code CAP 75: Powers of High Court
The High Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings.
- Section 70 of Criminal Procedure Code CAP 75: Place and date of sessions of the High Court
(1) For the exercise of its original criminal jurisdiction the High Court shall hold sittings at such places and on such days as the Chief Justice may direct.
(2) The Registrar of the High Court shall ordinarily give notice beforehand of all such sittings.
- Section 71 of Criminal Procedure Code CAP 75: Ordinary place of inquiry and trial
Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or...
- Section 72 of Criminal Procedure Code CAP 75: Trial at place where Act done or where consequence of offence ensures
When a person is accused of the commission of an offence by reason of anything which has been done or of any consequence which has ensued, the offence may be tried by a court within the local limits of whose jurisdiction the thing has been done or the consequence has ensued.
- Section 73 of Criminal Procedure Code CAP 75: Trial where offence is connected with another offence
When an act is an offence by reason of its relation to another act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was...
- Section 74 of Criminal Procedure Code CAP 75: Trial where place of offence is uncertain
When—
(a) it is uncertain in which of several local areas an offence was committed; or
(b) an offence is committed partly in one local area and partly in another; or
(c) an offence is a continuing one, and continues to be committed in more than one local areas; or
(d) an offence consists of...
- Section 75 of Criminal Procedure Code CAP 75: Offence committed on a journey
An offence committed whilst the offender is in the course of performing a journey or voyage may be tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that...
- Section 76 of Criminal Procedure Code CAP 75: High Court to decide in cases of doubt
(1) Whenever a doubt arises as to the court by which an offence should betried, the court entertaining the doubt may report the circumstances to the High Court, and the High Court shall decide by which court the offence shall be inquired into or tried.
(2) Any such decision of the High Court shall...
- Section 77 of Criminal Procedure Code CAP 75: Court to be open
(1) Subject to subsection (2), the place in which a criminal court is held for the purpose of trying an offence shall be deemed an open court to which the public generally may have access, so far as it can conveniently contain them:
Provided that the presiding judge or magistrate may order at any...