Criminal Procedure Code

This Act may be cited as the Criminal Procedure Code.

Section 2 provides definitions of terms used in the Code, including "cognizable offence", "drug related offence", "non-cognizable offence", and other specified terms.

This section provides that offences under the Penal Code and offences under other laws are to be inquired into, tried and otherwise dealt with according to this Code; it also permits the High Court to apply English High Court procedure where this Code's procedure is inapplicable and preserves the effect of bilateral agreements regarding members of foreign armed or police forces present in Kenya.

Section 10 has been repealed.

Section 11 has been repealed.

Any court may lawfully pass a sentence that combines any sentences it is authorized to impose.

Section 13 has been repealed.

When a person is convicted at one trial of two or more distinct offences, the court may impose the several punishments and, if those punishments consist of imprisonment, order them to run consecutively or direct that they run concurrently.

Section 15. Suspended Sentences Section 15(1) Any court which passes a sentence of imprisonment for a term of not more than two years for any offence may order that the sentence shall not take effect unless during the period specified by

Section 16 has been repealed by Act No. 17 of 1967, s. 25.

Section 17 has been repealed.

Section 18 has been repealed by Act No. 17 of 1967, s. 25.

Section 19 was repealed by Act No. 17 of 1967, s. 25.

Section 20 has been repealed by ActNo. 17 of 1967, s. 25.

An offence under the Penal Code (Cap. 63) may be tried by the High Court or by a subordinate court shown in the First Schedule.

Offences under laws other than the Penal Code shall be tried by the court named in that law; if no court is named, they may be tried by the High Court or by a subordinate court shown in the First Schedule.

The High Court may pass any sentence authorized by law.

Certain subordinate court judges may pass sentences authorized by law; resident magistrates' sentencing power is limited to listed offences; courts have jurisdiction to impose full imprisonment terms plus defaults for fines, costs or compensation.

The Judicial Service Commission may, by notice in the Gazette, extend a particular magistrate's jurisdiction; a magistrate whose jurisdiction is extended may pass the sentences authorized in law.

Section 9 has been repealed.

Police officers or other persons making an arrest must physically touch or confine the person arrested (unless the person submits), may use all necessary means if the person resists or attempts to evade, and must not use more force than is reasonable or necessary for apprehension.

If a person acting under an arrest warrant or a police officer believes the person sought is inside a place, the occupier or person in charge must allow ingress and facilities for a search; if ingress cannot be obtained the warrant-holder or police officer may enter and, after notifying authority and purpose and demanding admittance, may break doors or windows to enter; special notice and withdrawal facilities must be given before entering an apartment occupied by a woman who customarily does not appear in public.

A police officer or other person authorized to make an arrest may break out of any house or place to liberate themselves or another person detained there after lawfully entering to make an arrest.

A person arrested is entitled not to be subjected to more restraint than is necessary to prevent their escape.

Search of arrested persons by a police officer under a warrant (including bail-related conditions)

Section 26 permits detention and search of any aircraft, vessel, or vehicle suspected to contain stolen or unlawfully obtained items, or suspected to have been used to facilitate certain Penal Code offences; and states that no person is entitled to damages or compensation for detention under this section; it also defines "aircraft", "vessel" and "vehicle" for these purposes.

If a woman must be searched, the search must be carried out by another woman and done with strict regard to decency.

Power to seize offensive weapons

A police officer has the power to arrest without a warrant any person whom he suspects on reasonable grounds of having committed a cognizable offence.

Section 30: 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 committing a cognizable offence.

If the officer in charge requires a subordinate to arrest someone lawfully arrestable without a warrant under section 30 (when the officer is not present), the officer in charge must give a written order specifying the person and the offence or cause.

A police officer may arrest a person who refuses or gives a false name or residence so the name and residence can be ascertained; once ascertained the person must execute a bond (with special surety rule for non-residents); if the name is not ascertained within twenty-four hours or the bond/sureties are not provided he shall be taken before a magistrate.

A police officer who makes an arrest without a warrant must, without unnecessary delay and subject to bail provisions, take or send the arrested person before a magistrate with jurisdiction or before the officer in charge of a police station.

Section 34 permits private persons to arrest someone they view as committing a cognizable offence or whom they reasonably suspect of having committed a felony; it also permits property owners (or their servants/authorized persons) to arrest without a warrant persons found committing offences involving injury to property.

Private persons who arrest someone without a warrant must promptly hand them to a police officer or, if no officer is available, take them to the nearest police station; police officers must rearrest persons believed to fall under section 29.

The officer in charge of the police station may inquire into and may, except for serious offences, release a person arrested without warrant on bond; if it is not practicable to bring the person before a subordinate court within 24 hours the officer shall inquire; an officer may release a suspected arrestee when, after due inquiry, insufficient evidence appears.

Police must bring an arrested person before a court within 24 hours; courts may order remand and remand periods are limited to specified maximums.

Officers in charge of police stations must report to the nearest magistrate the cases of all persons arrested without warrant within their station limits, whether or not those persons have been admitted to bail.

If an offence occurs in the magistrate's presence within his jurisdiction, the magistrate may arrest the offender, may order any person to arrest the offender, and may, subject to this Code's provisions as to bail, commit the offender to custody.

Section 39 — Arrest by magistrate

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 anywhere in Kenya.

Sections 22 and 23 apply to arrests under section 40 even when the person making the arrest is not acting under a warrant and is not a police officer with authority to arrest.

Assistance to magistrate or police officer in the taking or preventing the escape of another person whom the magistrate or police officer is authorized to arrest

The prosecution must inform the accused in advance of the evidence it will rely on and ensure the accused has reasonable access to that evidence (subject to listed non-disclosure grounds).

Magistrates must examine informants on oath; magistrates may require a person to show cause to enter a bond (up to one year) or may arrest and send a person to an empowered magistrate, and that magistrate may detain the person until inquiry completion.

Section 44 (Security for good behaviour from persons disseminating seditious matter) was repealed by Act No. 5 of 2003, s. 62.

A first-class subordinate court magistrate may require a person, suspected of hiding within the magistrate’s area with intent to commit an offence, to show cause why the person should not be ordered to give a bond with sureties for good behaviour for up to one year.

Security for good behaviour from habitual offenders

Order to be made

If the person in respect of whom an order under section 47 is made is present in court, the order must be read over to him or, if he desires, its substance must be explained to him.

If the person subject to an order under section 47 is not present, the magistrate must issue a summons, or if the person is in custody, a warrant directing the custodian to bring him; the magistrate may issue an arrest warrant when there is reported information of a likely breach of the peace and immediate arrest is needed.

An officer serving or executing a summons or warrant must deliver to the person served or arrested a copy of the order made under section 47, and every summons or warrant issued under section 49 must be accompanied by that copy.

The magistrate may, if he sees sufficient cause, excuse a required person's personal attendance and allow them to appear through an advocate.

When a person is brought before a magistrate under the cited sections, the magistrate must inquire into the truth of the information and take any further evidence necessary; the magistrate may deal with associated persons together or separately.

Section 53 limits how security (bond) may be ordered, requires bonds for minors to be executed by their sureties, and allows persons subject to an order under this section to appeal to the High Court.

Section 54 is titled "Discharge of person informed against".

Section 55(1) says the period of an order begins when a current sentence of imprisonment ends; Section 55(2) says otherwise the period begins on the order date unless the magistrate, for sufficient reason, fixes a later date.

A person bound by the bond must keep the peace or be of good behaviour; committing or attempting to commit, or aiding etc., an imprisonable offence is a breach of that bond.

A magistrate may refuse to accept a surety offered under prior sections if the magistrate records reasons and considers the surety an unfit person.

If a person ordered to give security fails to do so by the start date of the required period, they shall be committed to prison or detained until the period expires or they give the security; for orders exceeding one year a magistrate must issue a warrant and lay proceedings before the High Court; the High Court may make such order as it thinks fit; imprisonment for failure to give security shall not exceed three years; if security is tendered to the prison officer, the officer must refer the matter to the court or magistrate and await orders.

When a first-class subordinate-court magistrate believes someone imprisoned for failing to give security can be released without danger to the community, the magistrate must immediately report the case to the High Court; the High Court may order discharge.

The High Court may at any time cancel any order made under section 47 or section 53 if there are sufficient reasons recorded in writing.

A surety may apply at any time to a magistrate to cancel a bond; the magistrate must summons the bound person, cancel the bond when the person appears, and order fresh security for the unexpired term.

Creates an offence titled 'Breach of restriction order'.

A police officer may interpose to prevent, and must to the best of his ability prevent, the commission of a cognizable offence.

A police officer who receives information of a design to commit a cognizable offence must communicate that information to his subordinate police officer and to any other officer whose duty is to prevent or take cognizance of the offence.

A police officer who knows of a design to commit a cognizable offence may arrest the person planning it without a magistrate’s order or a warrant if the officer believes the offence cannot otherwise be prevented.

A police officer may, on his own authority and in his view, interpose to prevent injury being committed to public property or to public landmarks used for navigation.

Even after a summons has been issued, a warrant may be issued at any time before or after the appearance time stated in the summons.

If an accused fails to attend when summoned and attendance was not dispensed under section 99, the court may issue a warrant to apprehend them and bring them before the court, but no warrant can be issued unless a complaint has been made on oath.

Arrest warrants must be signed by the issuing judge or magistrate and bear the court's seal; they must state the offence, identify the person, order apprehension and appearance, and remain in force until executed or cancelled by the issuing court.

A court issuing a warrant (other than for murder, treason or rape) may endorse the warrant to allow a person to be released on bond with sufficient sureties; the officer must take the security, release the person, and forward the bond to the court.

A court may direct a warrant of arrest to police officers or, if immediate execution is necessary and no police officer is available, to other persons; those persons must execute the warrant. When a warrant is directed to multiple officers or persons, it may be executed by all or any one or more of them.

Magistrates may direct warrants to landholders, who must acknowledge receipt in writing and must execute the warrant if the person is on their land; arrested persons must be handed to the nearest police officer who must take them before a magistrate unless security is taken under section 103.

A warrant addressed to a police officer may be executed by another police officer if that other officer's name is endorsed on the warrant by the officer to whom it is directed.

A police officer or other person executing an arrest warrant must notify the person to be arrested of the substance of the warrant and, if so required, must show the warrant.

Police officers or other persons executing an arrest warrant must, subject to section 103 as to security and without unnecessary delay, bring the arrested person before the court required by law to receive that person.

A warrant of arrest may be executed at any place in Kenya.

The court may forward a warrant for execution outside its local jurisdiction to a magistrate by post or otherwise instead of directing it to a police officer; the receiving magistrate must endorse the warrant and, if practicable, cause it to be executed within his jurisdiction.

If an arrest warrant addressed to a police officer must be executed outside the issuing court's local limits, the officer must take it to a local magistrate for endorsement; the magistrate must endorse it; local police must assist if required; but if endorsement would be unreasonably delayed, the officer may execute the warrant without endorsement outside the local limits.

When a warrant issued by a court is executed outside that court's local limits, the arrested person must be taken before the local magistrate unless certain proximity or security conditions apply; the magistrate must direct removal to the issuing court if the arrested person is the one intended, and may take bail or security (and forward the bond) in specified cases.

Title: "Irregularities in warrant".

When a person who is subject to a summons or warrant is present in court, the officer presiding in that court may require that person to give a bond (with or without sureties) for appearance.

If a person bound by a bond to appear does not appear, the officer presiding may issue a warrant to arrest and produce that person before the court.

If a person for whose appearance or arrest the court can issue a summons or warrant is imprisoned within the court's local jurisdiction, the court may order the prison officer to bring the prisoner before the court; the officer must ensure the prisoner's safe custody while absent.

This section states that the provisions of this Part apply generally to summonses and warrants.

A court or magistrate may, on oath-based proof or reasonable suspicion that evidence or items related to an offence are at a place, issue a written search warrant authorizing a police officer or a named person to search the specified location and, if the item is found, seize it and bring it before a court.

An application for a search warrant under section 118 shall be made ex-parte to a magistrate.

A court may, by the warrant, authorize the police officer or other person to whom the warrant is addressed to execute a search warrant at any hour.

Persons residing in or in charge of a closed building must, when presented with a search warrant and on demand by the officer executing it, allow the officer free entry and exit and provide reasonable facilities for the search.

The court may detain property seized when brought before it until the case or investigation ends, may further detain it for appeal or trial, and must restore it if no appeal or commitment occurs unless the court disposes of it otherwise.

Provisions applicable to search warrants

A person arrested or brought before a court who is prepared to give bail may be admitted to bail; the officer or court may instead release the person on a bond without sureties; the High Court may direct admission to bail or reduction of bail.

Sets out factors and circumstances described as exceptions to the right to bail.

A person must execute a bond for a sum the court or police officer thinks sufficient before release; sureties must execute the bond when released on bail; the person must attend at the time and place in the bond until the court or police officer directs otherwise.

When a bond is executed the person for whose appearance it was given shall be released; the court must issue a release order to the prison officer, and the officer, on receipt of that order, must release the person; section 125(2) preserves detention for other matters.

The court or officer may require a person to deposit money or property instead of executing a bond, except for bonds for good behaviour.

If insufficient sureties were or become accepted, the court may issue a warrant for the person on bail to be brought before it, may order them to find sufficient sureties, and may commit them to prison if they fail.

Sureties may apply to a magistrate at any time to discharge a bond; the magistrate must issue a warrant to bring the person before him on such application, and on the person's appearance or voluntary surrender must direct discharge of the bond and call for other sureties; if the person fails to find other sureties the magistrate may commit him to prison.

If a surety dies before forfeiture, the surety's estate is released from liability; the party who gave the bond may be required to find a new surety.

If information on oath shows a person bound by recognizance is about to leave Kenya, the court may arrest and may commit that person to prison until trial, unless the court admits them to bail on further recognizance.

If a recognizance is proved to be forfeited, the court must record the grounds and may call on persons bound to pay the penalty or show cause; if payment fails, the court may issue a warrant to attach and sell property, and if still unpaid the person may be imprisoned up to six months. The court may remit part of the penalty. A certified conviction copy used against a surety creates a presumption of the offender's guilt unless disproved.

Orders passed under section 131 by a magistrate may be revised by the High Court.

Power to direct levy of amount due on certain recognizances.

Every charge or information must include a statement of the specific offence(s) charged and any particulars necessary to give reasonable information about the nature of the offence.

Allows multiple offences founded on the same facts or of a similar character to be charged together; requires each offence to be set out as a separate paragraph called a count; permits the court to order separate trials if necessary to avoid embarrassment or for other reasons.

Two or more persons accused of the same offence committed in the course of the same transaction are joined in one charge or information.

Section 137. Rules for the framing of charges and informations

Plea agreements may include reducing charges, withdrawing or staying charges, or providing for payment of restitution; they must be entered after charge or before judgment; private prosecutions require written consent of the Director of Public Prosecutions.

The Director of Public Prosecutions or officers authorised by the Director must enter into a plea agreement on behalf of the Republic; in subordinate court trials a public prosecutor may enter into a plea agreement with prior written approval of the Director or subordinate officers in accordance with section 137A(1).

Parties listed in subsection (1) must notify the court that they intend to negotiate a plea agreement; the court must not participate in plea negotiations between a public prosecutor and an accused person under this Part.

Consultation with the victim and with the police officer investigating the case.

The plea agreement must be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands.

Specifies accused persons' procedural rights in plea contexts and requires the prosecutor to present a factual basis for a plea agreement and the court to be satisfied that such a factual basis exists.

The court must, before recording a plea agreement, ensure that when the agreement was made the accused was competent, of sound mind, and acted voluntarily.

If a plea agreement is accepted, the court must convict accordingly; the section records that the factual basis of the plea is entered on record, the agreement becomes binding on prosecutor and accused, and the agreement becomes part of the court record.

Upon conviction, the court may invite the parties to address sentencing issues and, where necessary, may take into account a probation officer’s report.

If a plea agreement is rejected, the court must record reasons and inform the parties; the plea agreement becomes null and void and parties are not bound; prosecution may retry before another court but the accused may waive that right; no appeals against the rejection are allowed.

A plea may be withdrawn prior to the court accepting the plea.

Sentences under this Part are final except appeals on extent or legality; the Director of Public Prosecutions or the accused person may apply to set aside a conviction and sentence obtained by plea agreement on grounds of fraud or misrepresentation; if set aside, section 137J applies mutatis mutandis.

Statements or facts an accused person makes in a plea agreement may only be used for the purposes of this Part and for no other purpose.

Applies to offences under the Sexual Offences Act ( Cap. 63A );

Allows the making of rules under this sub-Part.

A person once tried and convicted or acquitted may not be tried again on the same facts for the same offence while that conviction or acquittal stands.

A person who was convicted or acquitted of an offence may later be tried for a different offence that could have been charged at the earlier trial.

A person previously convicted or acquitted may later be tried for a different offence caused by the same act if the additional consequences were not yet known or had not occurred at the earlier trial.

A person previously convicted or acquitted may still be charged and tried for another offence based on the same acts if the original court lacked competence.

Specifies methods for proving a previous conviction: (a) an extract certified by the officer having custody of the court records as a copy of the sentence or order; (b) a certificate signed by the officer in charge of the prison or production of the warrant of commitment, in either case with evidence of the accused's identity; a Cabinet Secretary-prescribed fingerprint-comparison certificate given by an appointed officer is prima facie evidence if produced by the person who took the fingerprints; foreign convictions may be proved by a police certificate with the sentence copy and fingerprints/photographs plus identity evidence; and certificates under this section are prima facie evidence without proof of signature or authority.

Section 143 sets rules about the Director of Public Prosecutions' consent and certificate being required and presumed in certain prosecutions.

A criminal court may issue a summons to a person who will not voluntarily attend or produce material evidence, requiring attendance and production of documents.

The court may issue a warrant to bring a witness before the court if the witness, without sufficient excuse, fails to appear after proper service of a summons a reasonable time before.

If the court, on oath evidence, believes a person will not attend unless compelled, the court may immediately issue a warrant for that person's arrest and production as a witness at a specified time and place.

If a witness arrested under a warrant furnishes security by recognizance to the court's satisfaction for appearance at the hearing, the court may order his release; if he fails to furnish security, the court shall order him detained for production at the hearing.

A court may order the officer in charge of a local prison to bring a prisoner for examination, and the officer must comply and keep the prisoner safely while absent from prison.

A person summoned as a witness who, without lawful excuse, fails to attend as required, departs without the court's permission, or fails to attend after adjournment when ordered, is liable to a fine not exceeding five thousand shillings; the fine is to be levied by attachment and sale of the witness's movable property within the court's local jurisdiction; if the fine cannot be recovered the court may order imprisonment as a civil prisoner for fifteen days unless the fine is paid; the High Court may remit or reduce a fine imposed by a subordinate court.

A court may call, examine, recall or re-examine witnesses at any stage; the court must summon and examine persons whose evidence is essential, and shall adjourn if necessary to allow cross-examination; the prosecutor, prosecution advocate, defendant or defendant's advocate has the right to cross-examine.

Every witness in a criminal cause or matter must be examined on oath; the court before which a witness appears has power to administer the oath.

When a person refuses to comply with a court requirement (e.g., being sworn, answering questions, producing documents, or signing a deposition) the court may adjourn the case for up to eight days and may commit the person to prison; if the person again refuses when brought back the court may repeat the adjournment and commitment until compliance.

Section 153 was repealed.

A High Court or qualifying magistrate may issue a commission to a local magistrate to take a witness's evidence when necessary and attendance is impracticable; the commissioned magistrate must secure the witness and record the evidence and may exercise the same powers as at trial.

Parties in proceedings where a commission is issued may send written interrogatories and may appear to examine, cross-examine and re-examine witnesses; the magistrate receiving the commission must examine the witness on those interrogatories.

If, during a proceeding before a magistrate (other than one empowered to hold a subordinate court of the first class), it appears a commission is needed for a witness and the witness cannot attend without unreasonable delay, expense or inconvenience, the magistrate must apply to the High Court stating reasons; the High Court may issue the commission (as provided in section 154) or reject the application.

Either party may read the executed commission, its return and the deposition in evidence, subject to all just exceptions.

Adjournment of inquiry or trial

Section 159 was repealed by ActNo. 46 of 1963, 2nd Sch.

If the only defence witness is the accused, the accused must be called as a witness immediately after the close of the prosecution's evidence.

Section 161. Right of reply

If during trial the court believes the accused is of unsound mind and cannot make a defence, the court must inquire, may postpone or release on security in bail cases, must detain or transmit the record to the Cabinet Secretary in non-bail cases, and the President may order detention in a mental hospital.

If a detained person is found capable of making a defence, the medical officer must send a certificate to the Director of Public Prosecutions; the Director must inform the recording court whether proceedings should continue; if proceedings continue the court must bring the person before it and deal with him under section 164, otherwise the court must order discharge and release (which does not bar later proceedings).

The court may resume a postponed trial and require the accused to appear; if the accused is still incapable of making a defence the court must treat the accused as if brought before it for the first time.

Section 165 has been repealed.

If a court finds an accused committed the act but was insane, the court must make a special finding, report the case to the President and keep the accused in custody; the President may detain, discharge, transfer or otherwise deal with the person, and specified reports must be made to the Cabinet Secretary.

If a subordinate court or the High Court considering evidence believes it does not justify conviction the accused must be acquitted; if it would justify conviction the court shall order detention during the President’s pleasure subject to confirmation (subordinate courts) and the President has powers over detention and discharge.

Criminal courts must pronounce or explain judgments in open court and give notice if judgment is at a later time; presiding judge must read the whole judgment if requested; courts must bring or require attendance of accused except in specified cases.

Judgments must be written by or under the direction of the presiding officer in the language of the court, include the points for determination, decision and reasons, and be dated and signed by the presiding officer in open court when pronounced.

A copy of the judgment (etc.) must be given to the accused if they apply.

Judges of the High Court and magistrates of subordinate courts may order convicted persons to pay reasonable costs to public or private prosecutors; caps apply and orders cannot be made if the private prosecutor had reasonable grounds.

The appellate court may award costs of an appeal from an order awarding costs under section 171; appeals lie to the High Court if made by a magistrate and to the Court of Appeal if made by a judge.

Section 173 has been repealed.

If a person ordered to pay costs fails to pay and distress under section 334 is not levied, the person shall be liable to imprisonment under the Penal Code scale, unless the costs are paid sooner; imprisonment cannot exceed three months.

Courts may order fines (or part of them) to be used to pay prosecution expenses when convicting or confirming a sentence; an appeal court must affirm, quash or vary such orders when determining the appeal.

Promotes reconciliation.

Court may order that property found on an accused person be restored to the person who appears to the court to be entitled to it, or if the accused is the person charged it may be restored to him or to another person he directs.

Restitution and related court powers for property taken in offences; rules for custody and appeals are provided.

If a person is charged with an offence made up of several particulars and only some particulars that constitute a lesser offence are proved, the person may be convicted of that lesser offence even if not charged with it; likewise, if facts proved reduce the charged offence to a lesser offence, conviction for the lesser offence is permitted though not charged.

A person charged with an offence may be convicted of having attempted that offence even if not charged with the attempt.

Gives the court the power to convict a defendant of specified lesser or alternative offences (infanticide, killing an unborn child, offences under sections 158/159, or endeavouring to conceal birth) even if the defendant was not charged with those offences, subject to the factual conditions described in the section.

If a person charged with manslaughter while driving is found not guilty of manslaughter but guilty of an offence under section 46 of the Traffic Act, the court may convict them of that section-46 offence even if they were not charged with it.

If a person is charged under paragraph (a) of section 61 and the court finds he is not guilty of that charge but guilty of another offence under the same paragraph, the court may convict him of that other offence even though he was not charged with it.

Section 184 was deleted by Act No. 19 of 2023, Schedule.

Section 185 was repealed.

Section 186 has been deleted.

If a person is charged with an offence under Chapter XXIX and the court believes they are not guilty of that offence but guilty of another offence in the same Chapter, the court may convict them of the other offence even though they were not charged with it.

If the facts proved amount to an offence under section 322 or 323 of the Penal Code, the person may be convicted of that offence even if he was not charged with it.

A person charged with obtaining property by false pretences may be convicted of stealing if it is proved they actually stole it, even if not charged with stealing.

If the court thinks a charged person is not guilty of stock theft but guilty of an offence under section 9 of the Stock and Produce Theft Act (Cap. 355), the court may convict him of that offence even though he was not charged with it.

Heading: Construction of sections 179 to 190.

If facts proved at a misdemeanour trial amount to a felony, the accused is not automatically acquitted of the misdemeanour; a person tried for the misdemeanour cannot later be prosecuted for a felony on the same facts unless the court directs prosecution.

A person accused in a criminal court has the right to be defended by an advocate.

If a matter in a criminal case is also directly or substantially in issue in pending civil proceedings, that overlap cannot be used to stay, prohibit or delay the criminal proceedings.

Every court may require any person within its local jurisdiction who is charged with an offence connected to Kenya to be brought before it and may deal with the accused according to its jurisdiction.

If an accused who allegedly committed an offence in one province or district is found in another, the court where he is found must bring him before it and, unless authorized to proceed, either send him in custody to the court where the offence occurred or require security for his surrender.

The court where an accused is found must issue a warrant to send the person in custody; the warrant authorises the person named to be received, detained, carried and delivered to the court where the offence was committed or may be tried, and the person to whom the warrant is directed must execute it without delay.

The High Court may inquire into and try offences within its jurisdiction at any place where it can hold sittings.

The High Court must hold sittings for its original criminal jurisdiction at places and on days the Chief Justice directs; the Registrar must ordinarily give notice beforehand of those sittings.

Every offence must ordinarily be tried by a court within the local limits where it was committed or where the accused was apprehended, in custody on the charge, or appeared in answer to a lawful summons, subject to section 69 and transfer powers in sections 79 and 81.

If a person is accused of an offence arising from an act or its consequence, a court may try the offence within the local limits where the act was done or the consequence occurred.

A court may try a charge of the first-mentioned offence within the local limits of whose jurisdiction either act was done when the offence is connected with another offence.

When it is uncertain in which of several local areas an offence was committed.

A court may try an offence committed while the offender was performing a journey or voyage in any local limits through or into which the offender (or the person or thing affected) passed during that journey or voyage.

If there is doubt about which court should try an offence, the court with the doubt may report to the High Court, and the High Court must decide which court will inquire into or try the offence; the High Court's decision is final subject to an accused person being able to show lack of jurisdiction.

Criminal courts are deemed open to the public, subject to subsection (2), but the presiding judge or magistrate may order at any stage of a trial that the public generally or a particular person shall not have access to or remain in the court; fines are specified for individuals and bodies corporate.

Section 77A was repealed.

A court that lacks jurisdiction may transfer a case to the competent court; if custody is required the transferring court must arrange transfer by police, issue a warrant and pass documents; if not in custody the court must inform the accused.

A magistrate may transfer a case he has taken cognizance of to a subordinate court magistrate empowered to try that case within the local limits of a first class subordinate court's jurisdiction.

If evidence during a magistrate's trial suggests the case should be tried by another magistrate, the magistrate must stay proceedings and submit the case with a brief report to a magistrate of a first class subordinate court empowered to direct transfer under section 79.

The High Court has power to change the venue of criminal proceedings on specified grounds; an accused who applies must give written notice to the Director of Public Prosecutions at least twenty-four hours before the hearing, and the High Court may require a bond if the accused applies.

The Director of Public Prosecutions may enter a nolle prosequi in any criminal case before verdict or judgment; if the accused is not before the court when this is entered, the registrar or clerk must promptly notify the prison keeper in writing.

The Director of Public Prosecutions may in writing delegate powers from sections 81, 82 and Part VIII to specified prosecution officers, and may in writing revoke such an order.

Section 84 has been repealed by Act No. 5 of 2003, s. 69.