- Section 353 of Criminal Procedure Code CAP 75: Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the respondent or his advocate, of the time and place at which the appeal will be heard,and shall furnish the respondent or his advocate with a copy of the proceedings...
- Section 354 of Criminal Procedure Code CAP 75: Powers of High Court
(1) At the hearing of the appeal the appellant or his advocate may address the court in support of the particulars set out in the petition of appeal and the respondent or his advocate may then address the court.
(2) The court may invite the appellant or his advocate to reply upon any matters of law...
- Section 355 of Criminal Procedure Code CAP 75: Order of the High Court to be certified to lower court
(1) When a case is decided on appeal by the High Court, it shall certify itsjudgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed.
(2) The court to which the High Court certifies its judgment or order shall thereupon make such orders as...
- Section 356 of Criminal Procedure Code CAP 75: Bail and stay of execution pending the entering of an appeal
(1) The High Court, or the subordinate court which has convicted or sentenceda person, may grant bail or may stay execution on a sentence or order pending the entering of an appeal, on such terms as to security for the payment of money or the performance or non-performance of any act or the...
- Section 357 of Criminal Procedure Code CAP 75: Admission to bail or suspension of sentence pending appeal
(1) After the entering of an appeal by a person entitled to appeal, the High Court, or the subordinate court which convicted or sentenced that person, may order that he be released on bail with or without sureties, or, if that person is not released on bail, shall at his request order that the...
- Section 358 of Criminal Procedure Code CAP 75: Power to take further evidence
(1) In dealing with an appeal from a subordinate court, the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it to be taken by a subordinate court.
(2) When the additional evidence is taken by a subordinate...
- Section 359 of Criminal Procedure Code CAP 75: Number of judges on an appeal
(1) Appeals from subordinate courts shall be heard by one judge of the HighCourt, except when in any particular case the Chief Justice, or a judge to whom the Chief Justice has given authority in writing, directs that the appeal be heard by one judge of the High Court.
(2) If on the hearing of an...
- Section 360 of Criminal Procedure Code CAP 75: Abatement of appeals
Every appeal from a subordinate court (except an appeal from a sentence of a fine) shall finally abate on the death of the appellant.
- Section 361 of Criminal Procedure Code CAP 75: Second appeals
(1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction on a matter of law, and the Court of Appeal shall not hear an appeal under this section—
(a) on a matter of fact, and severity of sentence is a...
- Section 362 of Criminal Procedure Code CAP 75: Power of High Court to call for records
The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such...
- Section 363 of Criminal Procedure Code CAP 75: Subordinate court may call for records of inferior court
(1) A subordinate court of the first class may call for and examine the recordof any criminal proceedings of a subordinate court of a lower class than it and established within its local limits of jurisdiction, for the purpose of satisfying itself as to the legality, correctness or propriety of any...
- Section 364 of Criminal Procedure Code CAP 75: Powers of High Court on revision
(1) In the case of a proceeding in a subordinate court the record of which has been called for or which has been reported for orders, or which otherwise comes to its knowledge, the High Court may—
(a) in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by...
- Section 365 of Criminal Procedure Code CAP 75: Discretion of court as to hearing parties
No party has a right to be heard either personally or by an advocate before the High Court when exercising its powers of revision:
Provided that the court may, when exercising those powers, hear any party either personally or by an advocate, and nothing in this section shall affect section...
- Section 366 of Criminal Procedure Code CAP 75: Number of judges in revision
All proceedings before the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge:
Provided that when the court is composed of more than one judge and the court is equally divided in opinion, the sentence or order...
- Section 367 of Criminal Procedure Code CAP 75: High Court order to be certified to lower court
When a case is revised by the High Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so...
- Section 379 of Criminal Procedure Code CAP 75: Appeals from High Court to Court of Appeal
(1) A person convicted on a trial held by the High Court and sentenced to death, or to imprisonment for a term exceeding twelve months, or to a fine exceeding two thousand shillings, may appeal to the Court of Appeal—
(a) against the conviction, on grounds of law or of fact, or of mixed law and...
- Section 379A of Criminal Procedure Code CAP 75: Appeal to the Court of Appeal on High Court's original jurisdiction
In proceedings under section 203 or 296 (2) of the Penal Code, the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances (Control) Act, the Prevention of Organized Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act and the Counter-Trafficking in Persons Act, where...
- Section 380 of Criminal Procedure Code CAP 75: Proceedings in wrong place
No finding, sentence or order of a criminal court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a wrong area, unless it appears that the error has occasioned a failure of justice.
- Section 382 of Criminal Procedure Code CAP 75: Finding or sentence when reversible by reason of error or omission incharge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or...
- Section 383 of Criminal Procedure Code CAP 75: Distress not illegal for defect in proceedings
No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of a defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto.
- Section 384 of Criminal Procedure Code CAP 75: Statements irregularly taken under section 246
(1) If a court before whom a statement of a person recorded or purporting to be recorded under section 246 of this Code is tendered or has been received in evidence finds that any provision of that section has not been complied with by the magistrate recording the statement—
(a) it may take...
- Section 385 of Criminal Procedure Code CAP 75: Magistrates empowered to hold inquests
A magistrate empowered to hold a subordinate court of the first, or second class, and a magistrate specially empowered in that behalf by the Chief Justice, shall be empowered to hold inquests.
- Section 386 of Criminal Procedure Code CAP 75: Police to inquire and report on suicide, etc.
(1) The officer in charge of a police station, or any other officer specially empowered by the Minister in that behalf, on receiving information that a person—
(a) has committed suicide;
(b) has been killed by another or by an accident;
(c) has died under circumstances raising a reasonable...
- Section 387 of Criminal Procedure Code CAP 75: Inquiry by magistrate into cause of death
(1) When a person dies while in the custody of the police, or of a prison officer,or in a prison, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in section 386(1) a magistrate so empowered may, but shall in the case of a missing person believed to be dead,...
- Section 388 of Criminal Procedure Code CAP 75: Powers of Director of Public Prosecutions as to inquiries into cause of death
(1) The Director of Public Prosecutions may at any time direct a magistrate to hold an inquiry, in accordance with section 387, into the cause of a particular death to which the provisions of that section apply and shall in the case of missing person believed to be dead give such directions as he...
- Section 389 of Criminal Procedure Code CAP 75: Power to issue directions of the nature of habeas corpus
(1) The High Court may whenever it thinks fit direct—
(a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law;
(b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty;
(c) that...
- Section 389A of Criminal Procedure Code CAP 75: Procedure on forfeiture of goods
(1) Where, by or under any written law (other than section 29 of the Penal Code), any goods or things may be (but are not obliged to be) forfeited by a court, and that law does not provide the procedure by which forfeiture is to be effected, then, if it appears to the court that the goods or things...
- Section 390 of Criminal Procedure Code CAP 75: Persons before whom affidavits may be sworn
Affidavits and affirmations to be used before the High Court may be sworn and affirmed before a judge of the High Court, a magistrate, the Registrar or Deputy Registrar of the High Court or a commissioner for oaths.
- Section 391 of Criminal Procedure Code CAP 75: Shorthand notes of proceedings
Shorthand notes may be taken of the proceedings at the trial of a person before the High Court or a subordinate court, and a transcript of those notes shall be made if the court so directs, and the transcript shall for all purposes be deemed to be the official record of the proceedings at the...
- Section 392 of Criminal Procedure Code CAP 75: Right to copies of proceedings
If a person affected by a judgment or order passed in proceedings under this Code desires to have a copy of the judgment or order or any deposition or other part of the record, he shall on applying for the copy be furnished therewith provided he pays for it, unless the court for some special reason...