- Section 78 of Criminal Procedure Code CAP 75: Transfer of case where offence committed outside jurisdiction
(1) If upon the hearing of a complaint it appears that the cause of complaint arose outside the limits of the jurisdiction of the court before which the complaint has been brought, the court may, on being satisfied that it has no jurisdiction, direct the case to be transferred to the court having...
- Section 79 of Criminal Procedure Code CAP 75: Transfer of cases between magistrates
A magistrate holding a subordinate court of the first class—
(a) may transfer a case of which he has taken cognizance to any magistrate holding a subordinate court empowered to try that case within the local limits of the first class subordinate courts’ jurisdiction; and
(b) may direct or empower...
- Section 80 of Criminal Procedure Code CAP 75: Transfer of part-heard cases
If in the course of any trial before a magistrate the evidence appears to warrant a presumption that the case is one which should be tried by some other magistrate, he shall stay proceedings and submit the case with a brief report thereon to a magistrate holding a subordinate court of the first...
- Section 81 of Criminal Procedure Code CAP 75: Power of High Court to change venue
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been...
- Section 82 of Criminal Procedure Code CAP 75: Power of Director of Public Prosecutions to enter nolle prosequi
(1) In any criminal case and at any stage thereof before verdict or judgment, asthe case may be, the Director of Public Prosecutions may enter a nolle prosequi, either by stating in court or by informing the court in writing that the Republic intends that the proceedings shall not continue, and...
- Section 83 of Criminal Procedure Code CAP 75: Delegation of powers by Director of Public Prosecution
The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by sections 81 and 82, and by Part VIII, be vested for the time being in the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public Prosecutor or a state counsel, and the...
- Section 85 of Criminal Procedure Code CAP 75: Power to appoint public prosecutors
(1) The Director of Public Prosecutions, by notice in the Gazette, may appoint public prosecutors for Kenya or for any specified area thereof, and either generally or for any specified case or class of cases.
(2) The Director of Public Prosecutions, by writing under his hand, may appointany...
- Section 86 of Criminal Procedure Code CAP 75: Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under trial or appeal; and if a private person instructs an advocate to prosecute in any such case the public prosecutor may conduct the prosecution, and the advocate...
- Section 87 of Criminal Procedure Code CAP 75: Withdrawal from prosecution in trials before subordinate courts
In a trial before a subordinate court a public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon withdrawal—
(a) if it is made before the...
- Section 88 of Criminal Procedure Code CAP 75: Permission to conduct prosecution
(1) A magistrate trying a case may permit the prosecution to be conducted byany person, but no person other than a public prosecutor or other officer generally or specially authorized by the Director of Public Prosecutions in this behalf shall be entitled to do so without permission.
(2) Any such...
- Section 89 of Criminal Procedure Code CAP 75: Complaint and charge
(1) Proceedings may be instituted either by the making of a complaint or by the bringing before a magistrate of a person who has been arrested without warrant.
(2) A person who believes from a reasonable and probable cause that an offence has been committed by another person may make a complaint...
- Section 90 of Criminal Procedure Code CAP 75: Issue of summons or warrant
(1) Upon receiving a complaint and having signed the charge in accordancewith section 89, the magistrate may issue either a summons or a warrant to compel the attendance of the accused person before a subordinate court having jurisdiction to try the offence alleged to have been committed:
Provided...
- Section 91 of Criminal Procedure Code CAP 75: Form and contents of summons
(1) Every summons issued by a court under this Code shall be in writing, induplicate, signed and sealed by the presiding officer of the court or by such other officer as the High Court may from time to time by rule direct.
(2) Every summons shall be directed to the person summoned and shall require...
- Section 92 of Criminal Procedure Code CAP 75: Service of summons
(1) Every summons shall be served either by a police officer, an officer ofthe court issuing it or by such other person as the court may direct, and shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.
(2) Every...
- Section 93 of Criminal Procedure Code CAP 75: Service when person summoned cannot be found
Where a person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with an adult member of his family or with his servant residing with him or with his employer; and the person with whom the summons is so left shall, if so...
- Section 94 of Criminal Procedure Code CAP 75: Procedure when service cannot be effected as before provided
If service in the manner provided by sections 92 and 93 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides and thereupon the...
- Section 95 of Criminal Procedure Code CAP 75: Service on servant of Government
Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which that person is employed, and the head shall thereupon cause the summons to be served in the manner provided by section 92 and...
- Section 96 of Criminal Procedure Code CAP 75: Service on company
Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the principal officer of the corporation in Kenya at the registered office of the...
- Section 97 of Criminal Procedure Code CAP 75: Service outside local limits of jurisdiction
When a court desires that a summons issued by it shall be served at a place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.
- 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.