Criminal Procedure Code
Part 2 of 3 · provisions 201–400
This Act may be cited as the Criminal Procedure Code.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 75
- Version
- 11 Dec 2023
- Language
- en
- Official source
- View official record ↗
- Complete work
- View statute overview
Source attribution: Source: Kenya Law
Statute overview
About this statute
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 Section 10 has been repealed. Section 11 has been repealed.
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Provisions of Criminal Procedure Code
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Part IV
PROVISIONS RELATING TO ALL
- 85 Verify source ↗
PROVISIONS RELATING TO ALL - 85. Power to appoint public prosecutors
The Director of Public Prosecutions may appoint public prosecutors (by Gazette) and may appoint advocates or public servants by writing; every public prosecutor must follow the Director's express directions.
Section 85. Power to appoint public prosecutors Section 85(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. Section 85(2) The Director of Public Prosecutions, by writing under his hand, may appoint any advocate of the High Court or person employed in the public service, to be a public prosecutor for the purposes of any case. Section 85(3) Every public prosecutor shall be subject to the express directions of the Director of Public Prosecutions. [Act No. 22 of 1959 , s. 10, Act No. 7 of 2007 , Sch., Act No. 12 of 2012 , Sch.] - 86 Verify source ↗
PROVISIONS RELATING TO ALL - 86. Powers of public prosecutors
A public prosecutor may appear and plead without written authority in courts for cases he charges; the public prosecutor may conduct prosecutions when a private person instructs an advocate, and the advocate so instructed must act under the public prosecutor's directions.
Section 86. Powers of public prosecutors Section 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 so instructed shall act therein under his directions. [Act No. 28 of 1961 , Sch., Act No. 13 of 1982 , 1st Sch., Act No. 5 of 2003 .] - 87 Verify source ↗
PROVISIONS RELATING TO ALL - 87. Withdrawal from prosecution in trials before subordinate courts
If withdrawal is made before the accused is called upon to make his defence, the accused shall be discharged; but that discharge does not prevent later proceedings for the same facts.
Section 87. Withdrawal from prosecution in trials before subordinate courts Section if it is made before the accused person is called upon to make his defence, he shall be discharged, but discharge of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts; - 88 Verify source ↗
PROVISIONS RELATING TO ALL - 88. Permission to conduct prosecution
A magistrate may allow someone to conduct a prosecution; public prosecutors and officers authorized by the Director of Public Prosecutions are entitled to do so without permission; persons conducting prosecutions may act personally or through an advocate.
Section 88. Permission to conduct prosecution Section 88(1) A magistrate trying a case may permit the prosecution to be conducted by any 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. Section 88(2) Any such person or officer shall have the same power of withdrawing from the prosecution as is provided by section 87 , and the provisions of that section shall apply to withdrawal by that person or officer. Section 88(3) Any person conducting the prosecution may do so personally or by an advocate. [L.N. 299/1956, L.N. 172/1960, L.N. 474/1963, Act No. 13 of 1982 , 1st Sch., Act No. 12 of 2012 , Sch.] - 89 Verify source ↗
PROVISIONS RELATING TO ALL - 89. Complaint and charge
Proceedings may begin by complaint or by bringing an arrested person before a magistrate; complaints can be oral or written and must be signed by the complainant and the magistrate; the magistrate must draw up and sign a formal charge unless a police officer has signed it; if the magistrate considers the complaint or charge does not disclose an offence, the magistrate shall refuse it and record reasons.
Section 89. Complaint and charge Section 89(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. Section 89(2) A person who believes from a reasonable and probable cause that an offence has been committed by another person may make a complaint thereof to a magistrate having jurisdiction. Section 89(3) A complaint may be made orally or in writing, but, if made orally, shall be reduced to writing by the magistrate, and, in either case, shall be signed by the complainant and the magistrate. Section 89(4) The magistrate, upon receiving a complaint , or where an accused person who has been arrested without a warrant is brought before him, shall, subject to the provisions of subsection (5), draw up or cause to be drawn up and shall sign a formal charge containing a statement of the offence with which the accused is charged, unless the charge is signed and presented by a police officer . Section 89(5) Where the magistrate is of the opinion that a complaint or formal charge made or presented under this section does not disclose an offence, the magistrate shall make an order refusing to admit the complaint or formal charge and shall record his reasons for the order. Section 89(6) Repealed by ActNo. 10 of 1983, Sch. [Act No. 10 of 1983 , Sch.] - 90 Verify source ↗
PROVISIONS RELATING TO ALL - 90. Issue of summons or warrant
A magistrate may, after receiving a complaint and signing the charge under section 89, issue a summons or warrant to compel an accused to attend a subordinate court; however, a warrant shall not be issued in the first instance unless the complaint is made on oath, and a summons or warrant may be issued on any day including Sunday.
Section 90. Issue of summons or warrant Section 90(1) Upon receiving a complaint and having signed the charge in accordance with 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 that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses. Section 90(2) The validity of proceedings taken in pursuance of a complaint or charge shall not be affected either by a defect in the complaint or charge or by the fact that a summons or warrant was issued without a complaint or charge. Section 90(3) A summons or warrant may be issued on any day of the week including Sunday. [Act No. 13 of 1982 , 1st Sch, Act No. 19 of 2023 , Sch.] - 91 Verify source ↗
PROVISIONS RELATING TO ALL - 91. Form and contents of summons
A court must issue every summons in writing, in duplicate, signed and sealed by the presiding officer or another officer directed by the High Court.
Section 91. Form and contents of summons Section 91(1) Every summons issued by a court under this Code shall be in writing, in duplicate, 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. Section 91(2) Every summons shall be directed to the person summoned and shall require him to appear at a time and place to be therein appointed before a court having jurisdiction to deal with the charge, and shall state shortly the offence with which the person against whom it is issued is charged. [Act No. 3 of 1982 , 1st Sch.] - 92 Verify source ↗
PROVISIONS RELATING TO ALL - 92. Service of summons
Summons must be served by a police officer, an officer of the court issuing it, or another person the court directs; if practicable service should be personal by giving one duplicate; the person served must sign a receipt if required by the serving officer.
Section 92. Service of summons Section 92(1) Every summons shall be served either by a police officer , an officer of the 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. Section 92(2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. - 93 Verify source ↗
PROVISIONS RELATING TO ALL - 93. Service when person summoned cannot be found
If a summons is left with someone on behalf of a person who cannot be found, that person must sign a receipt on the back of the other duplicate if the serving officer requires it.
Section 93. Service when person summoned cannot be found Section 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 required by the serving officer, sign a receipt therefor on the back of the other duplicate. - 94 Verify source ↗
PROVISIONS RELATING TO ALL - 94. Procedure when service cannot be effected as before provided
If service cannot be effected by due diligence under sections 92 and 93, the serving officer must attach a duplicate summons to a conspicuous part of the person's house or homestead.
Section 94. Procedure when service cannot be effected as before provided Section 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 summons shall be deemed to have been duly served. - 95 Verify source ↗
PROVISIONS RELATING TO ALL - 95. Service on servant of Government
If a summoned person is in active Government service, the court must send the summons in duplicate to that person's head of office; the head must have it served as per section 92 and return it to the court with a signed endorsement, and that signature is evidence of service.
Section 95. Service on servant of Government Section 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 shall return it to the court under his signature with the endorsement required by that section, and the signature shall be evidence of the service. [Act No. 22 of 1959 , s. 11, Act No. 13 of 1967 , 1st Sch., L.N. 474/1963, Act No. 13 of 1982 , First Sch.] - 96 Verify source ↗
PROVISIONS RELATING TO ALL - 96. Service on company
A summons for an incorporated company or other body corporate may be served on the company's secretary, local manager or other principal officer, or by registered letter to the principal officer at the company's registered office in Kenya; if sent by registered letter, service is deemed effected when the letter would arrive in the ordinary course of post.
Section 96. Service on company Section 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 company or body corporate; and in the latter case service shall be deemed to have been effected when the letter would arrive in ordinary course of post. [L.N. 199/1966.] - 97 Verify source ↗
PROVISIONS RELATING TO ALL - 97. Service outside local limits of jurisdiction
If a court wants a summons it issued to be served outside its jurisdiction, it must send the summons in duplicate to a magistrate for service in that magistrate's local limits.
Section 97. Service outside local limits of jurisdiction Section 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. - 98 Verify source ↗
PROVISIONS RELATING TO ALL - 98. Proof of service when serving officer not present
If the serving officer is not present at the hearing or the summons was served outside the court's local jurisdiction, an affidavit and a duplicate of the summons are admissible and the statements in them are deemed correct until disproved.
Section 98. Proof of service when serving officer not present Section 98(1) Where the officer who has served a summons is not present at the hearing of 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 summons purporting to be endorsed in the manner hereinbefore provided by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. Section 98(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court. - 99 Verify source ↗
PROVISIONS RELATING TO ALL - 99. Power to dispense with personal attendance of accused
Magistrates may dispense with the accused's personal attendance for certain non-felony offences and must do so when the offence is punishable only by fine or by fine with imprisonment not exceeding three months if the accused pleads guilty in writing or appears by an advocate.
Section 99. Power to dispense with personal attendance of accused Section 99(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 not exceeding three months, or by fine and such imprisonment, dispense with the personal attendance of the accused, if the accused pleads guilty in writing or appears by an advocate. Section 99(2) The magistrate trying a case may, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce his attendance in the manner hereinafter provided, but no such warrant shall be issued unless a complaint or charge has been made upon oath. Section 99(3) If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and the fine is not paid within the time prescribed for payment, the magistrate may forthwith issue a summons calling upon the accused person to show cause why he should not be committed to prison for such term as the magistrate may then specify; and if the accused person does not attend upon the return of the summons the magistrate may forthwith issue a warrant and commit the person to prison for such term as the magistrate may then fix. Section 99(4) If, in any case in which under this section the attendance of an accused person is dispensed with, previous convictions are alleged against that person and are not admitted in writing or through that person’s advocate, the magistrate may adjourn the proceedings and direct the personal attendance of the accused, and, if necessary, enforce his attendance in the manner provided hereafter in this Part. Section 99(5) Whenever the attendance of an accused person has been so dispensed with and his attendance is subsequently required, the cost of any adjournment for that purpose shall be borne in any event by the accused. [Act No. 13 of 1982 , 1st Sch.]
Part IX
PROCEDURE IN TRIALS BEFORE THE HIGH COURT
- 261 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 261.[Repealed by ActNo. 5 of 2003, s. 83.]
Section 261 was repealed by ActNo. 5 of 2003, s. 83.
Section 261.[Repealed by ActNo. 5 of 2003, s. 83.] - 262 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 262.[Repealed by ActNo. 7 of 2007, Sch.]
Section 262 has been repealed.
Section 262.[Repealed by ActNo. 7 of 2007, Sch.] - 263 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 263.[Repealed by ActNo. 7 of 2007, Sch.]
Section 263 has been repealed by Act No. 7 of 2007 (Schedule).
Section 263.[Repealed by ActNo. 7 of 2007, Sch.] - 264 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 264.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 264 has been repealed.
Section 264.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 265 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 265.[Repealed by ActNo. 7 of 2007, Sch.]
Section 265 has been repealed.
Section 265.[Repealed by ActNo. 7 of 2007, Sch.] - 266 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 266.[Repealed by ActNo. 7 of 2007, Sch.]
Section 266 has been repealed by Act No. 7 of 2007, Schedule.
Section 266.[Repealed by ActNo. 7 of 2007, Sch.] - 267 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 267.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 267 has been repealed.
Section 267.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 268 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 268.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 268 was repealed by ActNo. 33 of 1963, 1st Sch.
Section 268.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 269 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 269.[Repealed by ActNo. 7 of 2007, Sch.]
Section 269 has been repealed by Act No. 7 of 2007, Schedule.
Section 269.[Repealed by ActNo. 7 of 2007, Sch.] - 270 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 270.[Repealed by ActNo. 7 of 2007, Sch.]
Section 270 has been repealed by ActNo. 7 of 2007, Sch.
Section 270.[Repealed by ActNo. 7 of 2007, Sch.] - 271 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 271.[Repealed by ActNo. 7 of 2007, Sch.]
Section 271 has been repealed.
Section 271.[Repealed by ActNo. 7 of 2007, Sch.] - 272 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 272.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 272 was repealed by Act No. 33 of 1963, 1st Schedule.
Section 272.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 273 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 273.[Repealed by ActNo. 7 of 2007, Sch.]
Section 273 has been repealed.
Section 273.[Repealed by ActNo. 7 of 2007, Sch.] - 274 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 274. Pleading to information
For an accused person tried on information in the High Court, the information must be read aloud to them by the Registrar or another court officer; that officer must explain it if necessary and the court interpreter must interpret it if necessary.
Section 274. Pleading to information Section The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court sees cause otherwise to order, and the information shall be read over to him by the Registrar or other officer of the court, and explained if need be by that officer or interpreted by the interpreter of the court, and the accused person shall be required to plead instantly thereto, unless, where the accused person is entitled to service of a copy of the information, he objects to the want of service, and the court finds that he has not been duly served therewith. - 275 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 275. Orders for amendment of information, separate trial, and postponement of trial
Section 275 authorizes the court to order amendment of defective informations, to order separate trials of counts, and to postpone trials; the court must make amendment or postponement orders when the section's conditions are met, and may make related orders (for bail, recognizances).
Section 275. Orders for amendment of information, separate trial, and postponement of trial Section 275(1) Every objection to an information for a formal defect on the face thereof shall be taken immediately after the information has been read over to the accused person and not later. Section 275(2) Where, before a trial upon information or at any stage of the trial, it appears to the court that the information is defective, the court shall make an order for the amendment of the information as the court thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice; and any amendments shall be made upon such terms as to the court shall seem just. Section 275(3) Where an information is so amended, a note of the order for amendment shall be endorsed on the information, and the information shall be treated for the purposes of all proceedings in connexion therewith as having been filed in the amended form. Section 275(4) Where, before a trial upon information or at any stage of the trial, the court is of the opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information, or that for any other reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an information, the court may order a separate trial of any count or counts of the information. Section 275(5) Where, before a trial upon information or at any stage of the trial, the court is of the opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the court under this Code, the court shall make such order as to the postponement of the trial as appears necessary. Section 275(6)(a) Repealed by ActNo. 7 of 2007, Sch.; Section 275(6)(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate information, and the procedure on the postponed trial shall be the same in all respecT (provided that the assessors, if any, have been discharged) as if the trial had not commenced; and Section 275(6)(c) the court may make such order as to admitting the accused to bail, and as to the enlargement of recognizances and otherwise, as the court thinks fit. Section 275(7) A power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes. [Act No. 33 of 1963 , 1st Sch.] - 276 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 276. Quashing of information
An information that fails to state a notified offence and cannot be amended under section 275 must be quashed on a motion before plea or in arrest of judgment; a written statement of such a motion must be delivered to the Registrar or other officer and entered on the record.
Section 276. Quashing of information Section 276(1) If an information does not state, and cannot by amendment authorized by section 275 be made to state, an offence of which the accused has had notice, it shall be quashed either on a motion made before the accused pleads or on a motion made in arrest of judgment. Section 276(2) A written statement of every such motion shall be delivered to the Registrar or other officer of the court by or on behalf of the accused and shall be entered upon the record. - 277 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 277. Procedure in case of previous convictions
Parts of the information stating a previous conviction must not be read out in court, and the accused must not be asked about prior convictions, unless and until he has pleaded guilty to or been convicted of the subsequent offence.
Section 277. Procedure in case of previous convictions Section the part of the information stating the previous conviction shall not be read out in court, nor shall the accused be asked whether he has been previously convicted as alleged in the information, unless and until he has either pleaded guilty to or been convicted of the subsequent offence; - 278 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 278. Effect of plea of "not guilty"
If an accused person pleads "not guilty" when arraigned on an information, they are deemed to have put themselves upon the country for trial.
Section 278. Effect of plea of "not guilty" Section An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of "not guilty" shall, without further form, be deemed to have put himself upon the country for trial. - 279 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 279. Plea ofautrefois acquitandautrefois convict
A defendant may plead autrefois acquit or autrefois convict by saying he was previously convicted or acquitted, or that he received the President’s pardon; if such pleas are pleaded and denied the court must try their truth; if the court finds the plea false the accused must plead to the information.
Section 279. Plea ofautrefois acquitandautrefois convict Section 279(1)(a) that he has been previously convicted or acquitted of the same offence; or Section 279(1)(b) that he has obtained the President’s pardon for his offence. Section 279(2) If either of those pleas are pleaded and denied to be true, the court shall try whether the plea is true or not. Section 279(3) If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false, the accused shall be required to plead to the information. [Act No. 13 of 1967 , 1st Sch.] - 280 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 280. Refusal to plead
If an accused stands mute or cannot answer, the court may order the Registrar to enter a plea of "not guilty" for them; the court must then determine mental capacity and either continue the trial if sound, or postpone the trial, order custody and report to the President if unsound; the President may order confinement.
Section 280. Refusal to plead Section 280(1) If an accused person being arraigned upon an information stands mute of malice, or neither will nor by reason of infirmity can, answer directly to the information, the court may order the Registrar or other officer of the court to enter a plea of "not guilty" on behalf of the accused person, and plea so entered shall have the same force and effect as if the accused person had actually pleaded it; or else the court shall thereupon proceed to try whether the accused person be of sound or unsound mind, and, if he is found of sound mind, shall proceed with the trial, and if he is found of unsound mind, and consequently incapable of making his defence, shall order the trial to be postponed and the accused person to be kept meanwhile in safe custody in such place and manner as the court thinks fit, and shall report the case for the order of the President. Section 280(2) The President may order the accused person to be confined in a lunatic asylum, prison or other suitable place for safe custody. [L.N. 124/1964.] - 281 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 281. Plea generally and application of Part IVA
An accused person may plead not guilty, guilty, or guilty subject to a plea agreement.
Section 281. Plea generally and application of Part IVA Section 281(1) An accused person may plead not guilty, guilty, or guilty subject to a plea agreement . Section 281(2) Where an accused person pleads guilty subject to a plea agreement , the provisions of Part IV relating to plea agreements shall apply accordingly. [Act No. 11 of 2008 , s. 5.] - 282 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 282. Procedure on plea of "not guilty"
When the accused pleads "not guilty", or such a plea is entered under section 280, the court must proceed to try the case.
Section 282. Procedure on plea of "not guilty" Section If the accused pleads "not guilty", or if a plea of "not guilty" is entered in accordance with section 280 , the court shall proceed to try the case. [Act No. 33 of 1963 , 1st Sch., Act No. 7 of 2007 , Sch.] - 283 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 283. Power to postpone or adjourn proceedings
The court may postpone or adjourn a trial for reasonable causes and on terms it thinks fit, may remand the accused to prison by warrant, may order the accused to be brought before it during remand, and may admit the accused to bail while on remand.
Section 283. Power to postpone or adjourn proceedings Section 283(1) If, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn a trial, the court may from time to time postpone or adjourn it on such terms as it thinks fit for such time as it considers reasonable, and may by warrant remand the accused to some prison or other place of security. Section 283(2) During a remand the court may at any time order the accused to be brought before it. Section 283(3) The court may on a remand admit the accused to bail. - 284 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 284.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 284 was repealed by ActNo. 33 of 1963, 1st Sch.
Section 284.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 285 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 285.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 285 has been repealed by ActNo. 33 of 1963, 1st Sch.
Section 285.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 286 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 286.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 286 has been repealed.
Section 286.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 287 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 287.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 287 was repealed by Act No. 33 of 1963, 1st Schedule.
Section 287.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 288 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 288.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 288 was repealed by ActNo. 33 of 1963, 1st Sch.
Section 288.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 289 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 289.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 289 has been repealed by Act No. 33 of 1963, 1st Sch.
Section 289.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 290 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 290.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 290 is repealed by Act No. 33 of 1963, 1st Schedule.
Section 290.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 291 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 291.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 291 has been repealed.
Section 291.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 292 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 292.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 292: repealed by ActNo. 33 of 1963, 1st Sch.
Section 292.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 293 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 293.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 293 has been repealed.
Section 293.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 294 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 294.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 294 has been repealed.
Section 294.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 295 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 295.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 295 has been repealed.
Section 295.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 296 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 296.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 296 has been repealed.
Section 296.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 297 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 297.[Repealed by ActNo. 7 of 2007, Sch.]
Section 297 is repealed.
Section 297.[Repealed by ActNo. 7 of 2007, Sch.] - 298 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 298.[Repealed by ActNo. 7 of 2007, Sch.]
Section 298 has been repealed.
Section 298.[Repealed by ActNo. 7 of 2007, Sch.] - 299 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 299.[Repealed by ActNo. 7 of 2007, Sch.]
Section 299 has been repealed.
Section 299.[Repealed by ActNo. 7 of 2007, Sch.] - 300 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 300. Opening of case for prosecution
The advocate for the prosecution must open the prosecution's case against the accused and must call witnesses and present evidence supporting the charge.
Section 300. Opening of case for prosecution Section The advocate for the prosecution shall open the case against the accused person, and shall call witnesses and adduce evidence in support of the charge. [Act No. 33 of 1963 , 1st Sch., Act No. 7 of 2007 , Sch.] - 301 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 301.[Repealed by ActNo. 5 of 2003, s. 84.]
Section 301 has been repealed.
Section 301.[Repealed by ActNo. 5 of 2003, s. 84.] - 302 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 302. Cross-examination of witnesses for prosecution
Witnesses called for the prosecution may be cross-examined by the accused or their advocate, and may be re-examined by the prosecution's advocate.
Section 302. Cross-examination of witnesses for prosecution Section The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution. - 303 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 303.[Repealed by ActNo. 13 of 1982, 1st Sch.]
Section 303 has been repealed.
Section 303.[Repealed by ActNo. 13 of 1982, 1st Sch.] - 304 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 304.[Repealed by ActNo. 13 of 1982, 1st Sch.]
Section 304 has been repealed by ActNo. 13 of 1982, 1st Sch.
Section 304.[Repealed by ActNo. 13 of 1982, 1st Sch.] - 305 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 305.[Repealed by ActNo. 5 of 2003, s. 85.]
Section 305 has been repealed.
Section 305.[Repealed by ActNo. 5 of 2003, s. 85.] - 306 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 306. Close of case for prosecution
After the prosecution's evidence concludes, the court must acquit if there is no evidence; if there is evidence, the court must inform accused persons of rights to address, give evidence, make unsworn statements, and call witnesses; the judge must record whether additional witnesses will be called; the prosecution may sum up if the accused declines to give evidence, otherwise the court must call the accused to begin defence.
Section 306. Close of case for prosecution Section 306(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty. Section 306(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself; and upon being informed thereof, the judge shall record the fact. Section 306(3) If the accused person says that he does not intend to give evidence or make an unsworn statement, or to adduce evidence, then the advocate for the prosecution may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the court shall call upon him to enter upon his defence. [Act No. 33 of 1963 , 1st Sch., Act No. 20 of 1965 , s. 33, Act No. 5 of 2003 , s. 86.] - 307 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 307. Defence
The accused person or their advocate may open the accused's case, state facts or law relied on, comment on the prosecution's evidence, the accused may give evidence and examine witnesses, and may sum up the case after cross-examination and re-examination.
Section 307. Defence Section 307(1) The accused person or his advocate may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution; the accused person may then give evidence on his own behalf and he or his advocate may examine his witnesses (if any), and after their cross-examination and re-examination (if any) may sum up his case. Section 307(2) Repealed by ActNo. 5 of 2003, s. 87. [Act No. 13 of 1982 , s. 10, Act No. 5 of 2003 , s. 87.] - 308 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 308. Additional witnesses for the defence
The accused person may examine any witness not previously summoned to give evidence at the trial if that witness is present.
Section 308. Additional witnesses for the defence Section The accused person shall be allowed to examine any witness not previously summoned to give evidence at the trial, if that witness is in attendance. [Act No. 13 of 1982 , 1st Sch., Act No. 11 of 1983 , Sch.] - 309 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 309. Evidence in reply
If the accused introduces new defence evidence that the prosecution could not have reasonably foreseen, the court may allow the prosecution's advocate to adduce evidence in reply to rebut it.
Section 309. Evidence in reply Section If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by the exercise of reasonable diligence have foreseen, the court may allow the advocate for the prosecution to adduce evidence in reply to rebut it. - 310 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 310. Prosecutor’s reply
When an accused person adduces evidence, the advocate for the prosecution is entitled to reply, subject to section 161.
Section 310. Prosecutor’s reply Section If the accused person, or any one of several accused persons, adduces any evidence, the advocate for the prosecution shall, subject to the provisions of section 161 , be entitled to reply. - 311 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 311. Where accused adduces no evidence
If the accused says he will not give evidence and the court still considers there is evidence he committed the offence, the prosecution must sum up the case and the court must call on the accused to address the court (personally or by advocate).
Section 311. Where accused adduces no evidence Section If the accused person says that he does not intend to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then sum up the case against the accused person, and the court shall then call on the accused person personally or by his advocate to address the court on his own behalf. - 312 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 312.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 312 has been repealed by Act No. 33 of 1963, 1st Schedule.
Section 312.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 313 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 313.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 313 has been repealed.
Section 313.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 314 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 314.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 314 has been repealed.
Section 314.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 315 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 315.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 315 is repealed.
Section 315.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 316 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 316.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 316 has been repealed.
Section 316.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 317 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 317.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 317 has been repealed.
Section 317.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 318 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 318.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 318 repealed by ActNo. 33 of 1963, 1st Sch.
Section 318.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 319 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 319.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 319 has been repealed by Act No. 33 of 1963, 1st Schedule.
Section 319.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 320 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 320.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 320 has been repealed.
Section 320.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 321 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 321.[Repealed by ActNo. 33 of 1963, 1st Sch.]
This section has been repealed.
Section 321.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 322 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 322. Delivery of judgment
When the case is closed, the judge must give judgment; if the accused is convicted the judge must pass sentence according to law.
Section 322. Delivery of judgment Section 322(1) When the case on both sides is closed, the judge shall then give judgment. Section 322(2) If the accused person is convicted, the judge shall pass sentence on him according to law. [Act No. 7 of 2007 , Sch.] - 323 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 323. Calling upon the accused
When the judge convicts or the accused pleads guilty, the Registrar or other officer of the court must ask the accused if he has anything to say why sentence should not be passed, and failing to ask does not affect the validity of the proceedings.
Section 323. Calling upon the accused Section If the judge convicts the accused person, or if the accused person pleads guilty, the Registrar or other officer of the court shall ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings. [Act No. 33 of 1963 , 1st Sch.] - 324 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 324. Motion in arrest of judgment
An accused person may, before sentence, move in arrest of judgment on specified grounds; the court may hear or adjourn that motion; if the court decides for the accused, the accused shall be discharged from the information.
Section 324. Motion in arrest of judgment Section 324(1) The accused person may, at any time before sentence, whether on his plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state an offence which the court has power to try. Section 324(2) The court may either hear and determine the matter during the same sitting, or adjourn the hearing thereof to a future time to be fixed for that purpose. Section 324(3) If the court decides in favour of the accused, he shall be discharged from that information. - 325 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 325. Sentence
The court may sentence the accused person at any time during the session if no motion in arrest of judgment is made, or if the court decides against the accused person upon a motion.
Section 325. Sentence Section If no motion in arrest of judgment is made, or if the court decides against the accused person upon a motion, the court may sentence the accused person at any time during the session. - 326 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 326. Power to reserve decision on question raised at trial
A court trying a person for an offence may reserve giving its final decision on questions raised at the trial.
Section 326. Power to reserve decision on question raised at trial Section The court before which a person is tried for an offence may reserve the giving of its final decision on questions raised at the trial, and its decision whenever given shall be considered as given at the time of the trial. - 327 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 327. Power to reserve questions arising in the course of the trial
A judge in a High Court trial may reserve and refer questions that arose during the trial to a panel of two or more High Court judges; if so referred, the High Court may review and determine the question and may alter the sentence and make such orders as it thinks fit.
Section 327. Power to reserve questions arising in the course of the trial Section 327(1) When a person has, in a trial before the High Court, been convicted of an offence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any question which has arisen in the course of the trial, and the determination of which would affect the event of the trial. Section 327(2) If the judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to prison or be admitted to bail; and the High Court may review the case, or such part thereof as may be necessary, and finally determine the question, and thereupon may alter the sentence passed by the trial judge and pass such judgment or order as the High Court may think fit. - 328 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 328. Objections cured by verdict
A judgment cannot be stayed or reversed because of an objection that could have been amended during trial or for informality in swearing witnesses.
Section 328. Objections cured by verdict Section No judgment shall be stayed or reversed on the ground of an objection which, if stated after the information was read over to the accused person, or during the progress of the trial, might have been amended by the court, nor for any informality in swearing the witnesses or any of them. [Act No. 33 of 1963 , 1st Sch.] - 329 Verify source ↗
PROCEDURE IN TRIALS BEFORE THE HIGH COURT - 329. Evidence for arriving at a proper sentence
The court may receive evidence before passing sentence to inform itself of the proper sentence.
Section 329. Evidence for arriving at a proper sentence Section The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the proper sentence to be passed.
Part IXA
VICTIM IMPACT STATEMENTS
- 329A Verify source ↗
VICTIM IMPACT STATEMENTS - 329A. Interpretation
Defines terms used in this Part including "family victim", "primary victim", "personal harm", "victim" and "victim impact statement".
Section 329A. Interpretation Section In this Part— "family victim" , in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family , and includes such a person whether or not the person has suffered personal harm ("actual physical bodily harm, mental illness or nervous shock;") as a result of the offence; "member of the primary victim’s immediate family" means— (a) the victim ("a primary victim or a family victim;") ’s spouse; (b) the victim ("a primary victim or a family victim;") ’s de facto spouse, being a person who has cohabited with the victim ("a primary victim or a family victim;") for at least 2 years; (c) a parent, guardian or step-parent of the victim ("a primary victim or a family victim;") ; (d) a child or step-child of the victim ("a primary victim or a family victim;") or some other child for whom the victim ("a primary victim or a family victim;") is the guardian; or (e) a brother, sister, step-brother or step-sister of the victim ("a primary victim or a family victim;") ; "personal harm" means actual physical bodily harm, mental illness or nervous shock; "primary victim" , in relation to an offence, means— (a) a person against whom the offence was committed; (b) a person who was a witness to the act of actual or threatened violence, the death or the infliction of the physical bodily harm concerned, being a person who has suffered personal harm ("actual physical bodily harm, mental illness or nervous shock;") as a direct result of the offence; "victim" means a primary victim or a family victim ; "victim impact statement" means a statement containing particulars of— (a) in the case of a primary victim , any personal harm ("actual physical bodily harm, mental illness or nervous shock;") suffered by the victim ("a primary victim or a family victim;") as a direct result of the offence; or (b) in the case of a family victim , the impact of the primary victim ’s death on the members of the primary victim ’s immediate family. [Act No. 5 of 2003 , s. 88.] - 329B Verify source ↗
VICTIM IMPACT STATEMENTS - 329B. Application of Part
This Part applies to an offence being dealt with by any court when the offence results in death or actual physical bodily harm to any person.
Section 329B. Application of Part Section This Part applies in relation to an offence that is being dealt with by any court, where the offence results in the death of, or actual physical bodily harm to, any person. [Act No. 5 of 2003 , s. 88.] - 329C Verify source ↗
VICTIM IMPACT STATEMENTS - 329C. Whenvictimimpact statements may be received and considered
The section allows a court to receive and consider victim impact statements after conviction but before sentencing; if the primary victim died as a direct result of the offence the court must receive and acknowledge a family victim's statement; the court may make such statements available to prosecutor, offender or others on conditions including preventing the offender from keeping copies.
Section 329C. Whenvictimimpact statements may be received and considered Section 329C(1) If it considers it appropriate to do so, a court may receive and consider a victim impact statement at any time after it convicts, but before it sentences, an offender. Section 329C(2) If the primary victim has died as a direct result of the offence, the court shall receive a victim impact statement given by a family victim and acknowledge its receipt, and may make any comment on it that the court considers appropriate. Section 329C(3)(a) shall not consider a victim impact statement unless it has been filed by or on behalf of the victim ("a primary victim or a family victim;") to whom it relates or by or on behalf of the prosecutor ; and Section 329C(3)(b) shall not consider a victim impact statement given by a family victim in connection with the determination of the punishment for the offence unless it considers that it is appropriate to do so. Section 329C(4) The court may make a victim impact statement available to the prosecutor , to the offender or to any other person on such conditions (which shall include conditions preventing the offender from retaining copies of the statement) as it considers appropriate. [Act No. 5 of 2003 , s. 88.] - 329D Verify source ↗
VICTIM IMPACT STATEMENTS - 329D. Victim impact statements discretionary
Giving a victim impact statement is not mandatory; a court must not receive or consider a victim impact statement if the victim or any of the victims to whom the statement relates objects; the absence of a victim impact statement must not give rise to any inference that an offence had little or no impact on a victim.
Section 329D. Victim impact statements discretionary Section 329D(1) The giving of a victim impact statement is not mandatory. Section 329D(2) A victim impact statement shall not be received or considered by a court if the victim ("a primary victim or a family victim;") or any of the victims to whom the statement relates objects to the statement being given to the court. Section 329D(3) The absence of a victim impact statement shall not give rise to any inference that an offence had little or no impact on a victim ("a primary victim or a family victim;") . [Act No. 5 of 2003 , s. 88.] - 329E Verify source ↗
VICTIM IMPACT STATEMENTS - 329E. Formal requirements forvictimimpact statements
Victim impact statements must be written; certain representatives may act for an incapable primary victim; courts may only consider statements that meet the Part's requirements.
Section 329E. Formal requirements forvictimimpact statements Section 329E(1) A victim impact statement shall be in writing and shall comply with such other requirements as are prescribed by rules of court. Section 329E(2) If a primary victim is incapable of providing information for or objecting to a victim impact statement about the personal harm ("actual physical bodily harm, mental illness or nervous shock;") suffered by the victim ("a primary victim or a family victim;") , a member of the primary victim’s immediate family or other representative of the victim ("a primary victim or a family victim;") may, subject to rules of court, act on behalf of the victim ("a primary victim or a family victim;") for that purpose. Section 329E(3) A court may receive and consider a victim impact statement only if it is given in accordance with and complies with the requirements prescribed by or under this Part. [Act No. 5 of 2003 , s. 88.] - 329F Verify source ↗
VICTIM IMPACT STATEMENTS - 329F. Rules of court
The Chief Justice may make rules of court necessary or expedient for carrying this Part into effect.
Section 329F. Rules of court Section The Chief Justice may make any rules of court necessary or expedient to be made for carrying this Part into effect. [Act No. 5 of 2003 , s. 88.]
Part V
MODE OF TAKING AND
- 194 Verify source ↗
MODE OF TAKING AND - 194. Evidence to be taken in presence of accused
All evidence in a trial under this Code shall be taken in the presence of the accused, or if the accused's personal attendance has been dispensed with, in the presence of his advocate (if any).
Section 194. Evidence to be taken in presence of accused Section Except as otherwise expressly provided, all evidence taken in a trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any). [Act No. 13 of 1982 , 1st Sch.] - 195 Verify source ↗
MODE OF TAKING AND - 195.[Repealed by ActNo. 46 of 1963, 2nd Sch.]
Section 195 was repealed by Act No. 46 of 1963, 2nd Schedule.
Section 195.[Repealed by ActNo. 46 of 1963, 2nd Sch.] - 196 Verify source ↗
MODE OF TAKING AND - 196.[Repealed by ActNo. 46 of 1963, 2nd Sch.]
This section has been repealed.
Section 196.[Repealed by ActNo. 46 of 1963, 2nd Sch.] - 197 Verify source ↗
MODE OF TAKING AND - 197. Manner of recording evidence before magistrate
Magistrates must record each witness's evidence in writing or typewriting in the court's language, sign the record, ordinarily record evidence as a narrative (not Q&A), may direct shorthand with an ordered transcript, and must read evidence to a witness on request in a language the witness understands.
Section 197. Manner of recording evidence before magistrate Section 197(1)(a) the evidence of each witness shall be taken down in writing or on a typewriter in the language of the court by the magistrate, or in his presence and hearing and under his personal direction and superintendence, and shall be signed by the magistrate, and shall form part of the record; Section 197(1)(b) such evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative: Section 197(2) Notwithstanding the provisions of subsection (1), a record of any proceedings at a trial by or before a magistrate may be taken in shorthand if the magistrate so directs; and a transcript of the shorthand shall be made if the magistrate so orders, and the transcript shall form part of the record. Section 197(3) If a witness asks that his evidence be read over to him the magistrate shall cause that evidence to be read over to him in a language which he understands. [Act No. 57 of 1955 , s. 6, Act No. 22 of 1959 , s. 22, Act No. 13 of 1982 , 1st Sch.] - 198 Verify source ↗
MODE OF TAKING AND - 198. Interpretation of evidence to accused or his advocate
The High Court must use English; a subordinate court must use English or Swahili. The court has discretion to interpret documents as necessary.
Section 198. Interpretation of evidence to accused or his advocate Section 198(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands. Section 198(2) If he appears by advocate and the evidence is given in a language other than English and not understood by the advocate, it shall be interpreted to the advocate in English. Section 198(3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the court to interpret as much thereof as appears necessary. Section 198(4) The language of the High Court shall be English, and the language of a subordinate court shall be English or Swahili. [Act No. 17 of 1967 , s. 28.] - 199 Verify source ↗
MODE OF TAKING AND - 199. Remarks respecting demeanour of witness
When a magistrate records a witness's evidence, the magistrate must also record any remarks he considers material about the witness's demeanour during examination.
Section 199. Remarks respecting demeanour of witness Section When a magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of the witness whilst under examination. - 200 Verify source ↗
MODE OF TAKING AND - 200. Conviction on evidence partly recorded by one magistrate and partly by another
Rules for proceedings when a magistrate is succeeded: the succeeding magistrate may pass sentence or make orders; where evidence was partly recorded by a predecessor the accused may demand resummoning of witnesses and the succeeding magistrate must inform the accused of that right; the High Court can set aside a conviction and order a new trial if prejudice resulted.
Section 200. Conviction on evidence partly recorded by one magistrate and partly by another Section 200(1)(a) deliver a judgment that has been written and signed but not delivered by his predecessor; or Section 200(1)(b) where judgment has not been written and signed by his predecessor, act on the evidence recorded by that predecessor, or resummon the witnesses and recommence the trial. Section 200(2) Where a magistrate who has delivered judgment in a case but has not passed sentence, ceases to exercise jurisdiction therein and is succeeded by a magistrate who has and exercises that jurisdiction, the succeeding magistrate may pass sentence or make any order that he could have made if he had delivered judgment. Section 200(3) Where a succeeding magistrate commences the hearing of proceedings and part of the evidence has been recorded by his predecessor, the accused person may demand that any witness be resummoned and reheard and the succeeding magistrate shall inform the accused person of that right. Section 200(4) Where an accused person is convicted upon evidence that was not wholly recorded by the convicting magistrate, the High Court may, if it is of the opinion that the accused person was materially prejudiced thereby, set aside the conviction and may order a new trial. [Act No. 13 of 1982 , 1st Sch., Act No. 11 of 1983 , Sch.] - 201 Verify source ↗
MODE OF TAKING AND - 201. Rules as to taking down of evidence
The Chief Justice may make rules of court about how evidence is recorded in High Court cases, and the judges must take down the evidence or its substance according to those rules.
Section 201. Rules as to taking down of evidence Section 201(1) The Chief Justice may make rules of court prescribing the manner in which evidence shall be taken down in cases coming before the High Court, and the judges shall take down the evidence or the substance thereof in accordance with those rules. Section 201(2) The provisions of section 200 of this Act shall apply mutatis mutandis to trials held in the High Court. [Act No. 27 of 1961 , Sch., Act No. 7 of 2007 , Sch.]
Part VI
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES
- 202 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 202. Non-appearance of complainant at hearing
If the accused appears but the complainant (who had notice) does not, the court shall acquit the accused unless it adjourns the hearing, and if adjourned may admit to bail, remand to prison, or take security pending the adjournment.
Section 202. Non-appearance of complainant at hearing Section If, in a case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall thereupon acquit the accused, unless for some reason it thinks it proper to adjourn the hearing of the case until some other date, upon such terms as it thinks fit, in which event it may, pending the adjourned hearing, either admit the accused to bail or remand him to prison, or take security for his appearance as the court thinks fit. [Act No. 10 of 1969 , Sch.] - 203 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 203. Appearance of both parties
When both the complainant and the accused appear, or the complainant appears and the accused's personal attendance has been dispensed with under section 99, the court must proceed to hear the case.
Section 203. Appearance of both parties Section If at the time appointed for the hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section 99 , the court shall proceed to hear the case. - 204 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 204. Withdrawal ofcomplaint
If a complainant satisfies the court before a final order that there are sufficient grounds to withdraw the complaint, the court may allow the withdrawal and must thereupon acquit the accused.
Section 204. Withdrawal ofcomplaint Section If a complainant, at any time before a final order is passed in a case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint , the court may permit him to withdraw it and shall thereupon acquit the accused. - 205 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 205. Adjournment
The court may adjourn hearings and may allow the accused to go at large, commit them to prison, or release them on recognizance; adjournments are limited in maximum duration and special short adjournment rules apply where no prison is within five miles.
Section 205. Adjournment Section 205(1) The court may, before or during the hearing of a case, adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties or their respective advocates then present, and in the meantime the court may allow the accused person to go at large, or may commit him to prison, or may release him upon his entering into a recognizance with or without sureties conditioned for his appearance at the time and place to which the hearing or further hearing is adjourned: Provided that no such adjournment shall be for more than thirty clear days, or, if the accused person has been committed to prison, for more than fifteen clear days, the day following that on which the adjournment is made being counted as the first day. Section 205(2)(a) for not more than three clear days if there is no prison within five miles of the court-house; or Section 205(2)(b) for not more than seven clear days if there is no prison within five miles of the court-house and the court is not due to sit again at that court-house within three days; or Section 205(2)(c) at the request of the accused person, for not more than fifteen clear days. Section 205(3) For the purposes of this section, in relation to any case where the maximum sentence for the offence with which the accused person is charged is punishable only by fine, or by imprisonment not exceeding twelve months with or without a fine "prison" shall be deemed to include a detention camp established in accordance with the Detention Camps Act (Repealed). [Act No. 22 of 1959 , s. 24, Act No. 21 of 1971 , s. 8.] - 206 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 206. Non-appearance of parties after adjournment
If an accused fails to appear at an adjourned hearing the court may proceed as if the accused were present unless the accused is charged with a felony; if the complainant does not appear the court may dismiss the charge with or without costs; the court may set aside a conviction in absence if satisfied absence was beyond the accused's control and he had a probable defence; the person effecting apprehension must endorse the date of apprehension on the warrant; if the accused is charged with a felony or the court refrains from convicting in his absence the court shall issue a warrant for apprehension and bring him before the court.
Section 206. Non-appearance of parties after adjournment Section 206(1) If, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which made the order of adjournment, the court may, unless the accused person is charged with felony, proceed with the hearing or further hearing as if the accused were present, and if the complainant does not appear the court may dismiss the charge with or without costs. Section 206(2) If the court convicts the accused person in his absence, it may set aside the conviction upon being satisfied that his absence was from causes over which he had no control, and that he had a probable defence on the merits. Section 206(3) A sentence passed under subsection (1) shall be deemed to commence from the date of apprehension, and the person effecting apprehension shall endorse the date thereof on the back of the warrant of commitment. Section 206(4) If the accused person who has not appeared is charged with a felony, or if the court refrains from convicting the accused in his absence, the court shall issue a warrant for the apprehension of the accused person and cause him to be brought before the court. - 207 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 207. Accused to be called upon to plead
The court must state the charge and ask the accused to plead; record admissions and convict when admitted (unless sufficient cause), hear the case if not admitted, enter not guilty if accused refuses, and may require the complainant to outline facts after conviction before sentence.
Section 207. Accused to be called upon to plead Section 207(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he pleads not guilty, guilty or guilty subject to a plea agreement . Section 207(2) If the accused person admits the truth of the charge otherwise than by a plea agreement his admission shall be recorded as nearly as possible in the words used by him, and the court shall convict him and pass sentence upon or make an order against him, unless there appears to it sufficient cause to the contrary: Provided that after conviction and before passing sentence or making any order the court may permit or require the complainant to outline to the court the facts upon which the charge is founded. Section 207(3) If the accused person does not admit the truth of the charge, the court shall proceed to hear the case as hereinafter provided. Section 207(4) If the accused person refuses to plead, the court shall order a plea of "not guilty" to be entered for him. Section 207(5)(a) that he has been previously convicted or acquitted on the same facts of the same offence; or Section 207(5)(b) that he has obtained the President’s pardon for his offence, the court shall first try whether the plea is true or not, and if the court holds that the evidence adduced in support of the plea does not sustain it, or if it finds that the plea is false, the accused shall be required to plead to the charge. - 208 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 208. Procedure on plea of not guilty
If the accused does not admit the charge, the court must hear the complainant and witnesses; the accused or advocate may question prosecution witnesses; if unrepresented the court must ask and record whether the accused wishes to question each witness.
Section 208. Procedure on plea of not guilty Section 208(1) If the accused person does not admit the truth of the charge, the court shall proceed to hear the complainant and his witnesses and other evidence (if any). Section 208(2) The accused person or his advocate may put questions to each witness produced against him. Section 208(3) If the accused person does not employ an advocate, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any questions to that witness and shall record his answer. - 209 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 209.[Repealed by ActNo. 13 of 1982, 1st Sch.]
Section 209 has been repealed.
Section 209.[Repealed by ActNo. 13 of 1982, 1st Sch.] - 210 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 210. Acquittal of accused person when no case to answer
If, after hearing the evidence and arguments at the close of the prosecution's case the court finds there is no case to answer, the court must dismiss the case and immediately acquit the accused.
Section 210. Acquittal of accused person when no case to answer Section If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case and shall forthwith acquit him. [Act No. 13 of 1967 , 1st Sch.] - 211 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 211. Defence
When, after the prosecution evidence and submissions, the court thinks the accused must make a defence, the court must explain the charge, inform the accused of the right to give evidence on oath (with risk of cross-examination) or to make a statement from the dock, ask about witnesses or other evidence, and hear any defence; if witnesses are absent but their absence is not the accused's fault and they could give material evidence, the court may adjourn, issue process or take steps to compel attendance.
Section 211. Defence Section 211(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against the accused person sufficiently to require him to make a defence, the court shall again explain the substance of the charge to the accused, and shall inform him that he has a right to give evidence on oath from the witness box, and that, if he does so, he will be liable to cross-examination, or to make a statement not on oath from the dock, and shall ask him whether he has any witnesses to examine or other evidence to adduce in his defence, and the court shall then hear the accused and his witnesses and other evidence (if any). Section 211(2) If the accused person states that he has witnesses to call but that they are not present in court, and the court is satisfied that the absence of those witnesses is not due to any fault or neglect of the accused person, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused person, the court may adjourn the trial and issue process, or take other steps, to compel the attendance of the witnesses. [Act No. 13 of 1967 , 1st Sch.] - 212 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 212. Evidence in reply
If an accused introduces a new matter in their defence that the prosecutor could not reasonably have foreseen, the court may allow the prosecutor to present evidence in reply to rebut it.
Section 212. Evidence in reply Section If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor to adduce evidence in reply to rebut that matter. - 213 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 213. Order of speeches
The prosecutor (or their advocate) and the accused (or their advocate) have the right to address the court in the same manner and order as in a High Court trial under this Code.
Section 213. Order of speeches Section The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and order as in a trial under this Code before the High Court. [Act No. 13 of 1967 , s. 2.] - 214 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 214. Variance between charge and evidence, and amendment of charge
If a charge is altered the court must call on the accused to plead; the accused may demand recall and further cross-examination of witnesses, and the prosecution may re-examine; the court must adjourn the trial if the accused was misled by a variance.
Section 214. Variance between charge and evidence, and amendment of charge Section 214(1)(i) where a charge is so altered, the court shall thereupon call upon the accused person to plead to the altered charge; Section 214(1)(ii) where a charge is altered under this subsection the accused may demand that the witnesses or any of them be recalled and give their evidence afresh or be further cross-examined by the accused or his advocate, and, in the last-mentioned event, the prosecution shall have the right to re-examine the witness on matters arising out of further cross-examination. Section 214(2) Variance between the charge and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material and the charge need not be amended for the variance if it is proved that the proceedings were in fact instituted within the time (if any) limited by law for the institution thereof. Section 214(3) Where an alteration of a charge is made under subsection (1) and there is a variance between the charge and the evidence as described in subsection (2), the court shall, if it is of the opinion that the accused has been thereby misled or deceived, adjourn the trial for such period as may be reasonably necessary. - 215 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 215. Decision
After hearing both sides and their witnesses and evidence, the court must either convict the accused and pass sentence, make an order against him according to law, or acquit him.
Section 215. Decision Section The court having heard both the complainant and the accused person and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to law, or shall acquit him. - 216 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 216. Evidence relative to proper sentence or order
The court may receive evidence before passing sentence or making an order, to inform itself of the proper sentence or order.
Section 216. Evidence relative to proper sentence or order Section The court may, before passing sentence or making an order against an accused person under section 215 , receive such evidence as it thinks fit in order to inform itself as to the sentence or order properly to be passed or made. [Act No. 22 of 1959 , s. 26.] - 217 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 217. Drawing up of conviction or order
A conviction or order may be drawn up afterwards if required, and must be signed by the court that made it or by the court's clerk or other officer.
Section 217. Drawing up of conviction or order Section The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court. - 218 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 218. Order of acquittal bar to further procedure
Order of acquittal bar to further procedure
Section 218. Order of acquittal bar to further procedure - 219 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 219. Limitation of time for summary trials in certain cases
Subordinate courts may not try offences punishable by at most six months' imprisonment or a fine of one thousand shillings (or both) unless the charge or complaint is laid within twelve months; a longer time is allowed only if specially permitted by law.
Section 219. Limitation of time for summary trials in certain cases Section Except where a longer time is specially allowed by law, no offence the maximum punishment for which does not exceed imprisonment for six months, or a fine of one thousand shillings, or both, shall be triable by a subordinate court, unless the charge or complaint relating to it is laid within twelve months from the time when the matter of the charge or complaint arose. - 220 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 220.[Repealed by ActNo. 5 of 2003, s. 80.]
Section 220 has been repealed by ActNo. 5 of 2003, s. 80.
Section 220.[Repealed by ActNo. 5 of 2003, s. 80.] - 221 Verify source ↗
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES - 221. Committal to higher court for sentence
Subordinate courts that lack power to impose sufficient punishment may commit adult offenders for sentence to a higher court; the receiving court must inquire and may impose any sentence it could impose if it had convicted the offender; limited appeal rights are preserved.
Section 221. Committal to higher court for sentence Section 221(1) Where a person of not less than eighteen years of age is convicted by a subordinate court of the second class of an offence which is punishable by either that court or a subordinate court of the first class, and the court convicting him, after obtaining information as to his character and antecedents, is of the opinion that they are such that greater punishment should be inflicted than it has power to inflict, that court may, instead of dealing with him itself, commit him in custody to the Resident Magistrate’s Court for sentence. Section 221(2) Where a person who is not less than eighteen years of age is convicted by a subordinate court of the first class of an offence which is punishable by either that court or the High Court, and the court convicting him, after obtaining information as to his character and antecedents, is of the opinion that they are such that greater punishment should be inflicted than it has power to inflict, that court may, instead of dealing with him itself, commit him in custody to the High Court for sentence. Section 221(3) Where the offender is committed under subsection (1) or subsection (2) for sentence, the court to which he is committed shall inquire into the circumstances of the case, and may deal with the offender in any manner in which he could be dealt with if he had been convicted by that court; and, if that court passes a sentence which the court convicting him had not the power to pass, the offender may appeal against the sentence to the High Court (if sentenced by a subordinate court of the first class), or to the Court of Appeal (if sentenced by the High Court), but otherwise he shall have the same right of appeal in all respects as if he had been sentenced by the court which convicted him. [Act No. 17 of 1967 , s. 29, Act No. 5 of 2003 , s. 81.]
Part VII
Repealed
- 222 Verify source ↗
Repealed - 222.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 222 was repealed.
Section 222.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 223 Verify source ↗
Repealed - 223.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 223 was repealed by ActNo. 33 of 1963, 1st Sch.
Section 223.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 224 Verify source ↗
Repealed - 224.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 224 has been repealed by Act No. 33 of 1963, 1st Schedule.
Section 224.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 225 Verify source ↗
Repealed - 225.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 225 is repealed.
Section 225.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 226 Verify source ↗
Repealed - 226.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 226 has been repealed.
Section 226.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 227 Verify source ↗
Repealed - 227.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 227 has been repealed.
Section 227.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 228 Verify source ↗
Repealed - 228.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 228 was repealed by ActNo. 33 of 1963, 1st Sch.
Section 228.[Repealed by ActNo. 33 of 1963, 1st Sch.] - 229 Verify source ↗
Repealed - 229.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Section 229 has been repealed by ActNo. 33 of 1963, 1st Sch.
Section 229.[Repealed by ActNo. 33 of 1963, 1st Sch.]
Part VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS
- 230 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 230.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 230 has been repealed.
Section 230.[Repealed by ActNo. 5 of 2003, s. 82.] - 231 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 231.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 231 has been repealed.
Section 231.[Repealed by ActNo. 5 of 2003, s. 82.] - 232 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 232.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 232 has been repealed by ActNo. 5 of 2003, s. 82.
Section 232.[Repealed by ActNo. 5 of 2003, s. 82.] - 233 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 233.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 233 was repealed by ActNo. 5 of 2003, s. 82.
Section 233.[Repealed by ActNo. 5 of 2003, s. 82.] - 234 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 234.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 234 was repealed by ActNo. 5 of 2003, s. 82.
Section 234.[Repealed by ActNo. 5 of 2003, s. 82.] - 235 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 235.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 235 has been repealed.
Section 235.[Repealed by ActNo. 5 of 2003, s. 82.] - 236 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 236.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 236 has been repealed.
Section 236.[Repealed by ActNo. 13 of 1982, s. 7.] - 237 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 237.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 237 was repealed by ActNo. 13 of 1982, s. 7.
Section 237.[Repealed by ActNo. 13 of 1982, s. 7.] - 238 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 238.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 238 has been repealed.
Section 238.[Repealed by ActNo. 13 of 1982, s. 7.] - 239 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 239.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 239 has been repealed by ActNo. 13 of 1982, s. 7.
Section 239.[Repealed by ActNo. 13 of 1982, s. 7.] - 240 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 240.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 240 was repealed by Act No. 13 of 1982, s. 7.
Section 240.[Repealed by ActNo. 13 of 1982, s. 7.] - 241 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 241.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 241 has been repealed.
Section 241.[Repealed by ActNo. 13 of 1982, s. 7.] - 242 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 242.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 242 was repealed by ActNo. 13 of 1982, s. 7.
Section 242.[Repealed by ActNo. 13 of 1982, s. 7.] - 243 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 243.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 243 has been repealed by Act No. 13 of 1982, s. 7.
Section 243.[Repealed by ActNo. 13 of 1982, s. 7.] - 244 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 244.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 244 has been repealed.
Section 244.[Repealed by ActNo. 13 of 1982, s. 7.] - 245 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 245.[Repealed by ActNo. 13 of 1982, s. 7.]
Section 245 has been repealed.
Section 245.[Repealed by ActNo. 13 of 1982, s. 7.] - 246 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 246.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 246 has been repealed.
Section 246.[Repealed by ActNo. 5 of 2003, s. 82.] - 247 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 247.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 247 — repealed (Repealed by ActNo. 5 of 2003, s. 82.)
Section 247.[Repealed by ActNo. 5 of 2003, s. 82.] - 248 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 248.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 248 has been repealed by ActNo. 5 of 2003, s. 82.
Section 248.[Repealed by ActNo. 5 of 2003, s. 82.] - 249 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 249.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 249 has been repealed by Act No. 5 of 2003, s. 82.
Section 249.[Repealed by ActNo. 5 of 2003, s. 82.] - 250 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 250.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 250 has been repealed by ActNo. 5 of 2003, s. 82.
Section 250.[Repealed by ActNo. 5 of 2003, s. 82.] - 251 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 251.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 251 was repealed by Act No. 5 of 2003, s. 82.
Section 251.[Repealed by ActNo. 5 of 2003, s. 82.] - 252 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 252.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 252 was repealed.
Section 252.[Repealed by ActNo. 5 of 2003, s. 82.] - 253 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 253.[Repealed by ActNo. 5 of 2003, s. 82.]
Section 253 is repealed by Act No. 5 of 2003, s. 82.
Section 253.[Repealed by ActNo. 5 of 2003, s. 82.] - 254 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 254.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 254 was repealed by ActNo. 13 of 1982, s. 8.
Section 254.[Repealed by ActNo. 13 of 1982, s. 8.] - 255 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 255.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 255 has been repealed.
Section 255.[Repealed by ActNo. 13 of 1982, s. 8.] - 256 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 256.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 256 was repealed.
Section 256.[Repealed by ActNo. 13 of 1982, s. 8.] - 257 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 257.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 257 has been repealed (Repealed by ActNo. 13 of 1982, s. 8.).
Section 257.[Repealed by ActNo. 13 of 1982, s. 8.] - 258 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 258.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 258 was repealed by Act No. 13 of 1982, s. 8.
Section 258.[Repealed by ActNo. 13 of 1982, s. 8.] - 259 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 259.[Repealed by ActNo. 13 of 1982, s. 8.]
Section 259 has been repealed by ActNo. 13 of 1982, s. 8.
Section 259.[Repealed by ActNo. 13 of 1982, s. 8.] - 260 Verify source ↗
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT COMMITTAL PROCEEDINGS BY SUBORDINATE COURTS - 260.[Repealed by ActNo. 13 of 1982, s. 8.]
This section has been repealed.
Section 260.[Repealed by ActNo. 13 of 1982, s. 8.]
Part X
SENTENCES AND THEIR EXECUTION
- 330 Verify source ↗
SENTENCES AND THEIR EXECUTION - 330. Accused to be informed of right to appeal
When a person is sentenced to death, the court must inform them of the time limit for filing an appeal.
Section 330. Accused to be informed of right to appeal Section When an accused person is sentenced to death, the court shall inform him of the time within which, if he wishes to appeal, his appeal should be preferred. - 331 Verify source ↗
SENTENCES AND THEIR EXECUTION - 331. Authority for detention
A certificate signed by the Registrar or another court officer stating that a death sentence has been passed and naming the condemned person is sufficient authority to detain that person.
Section 331. Authority for detention Section A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the person condemned, shall be sufficient authority for the detention of that person. - 332 Verify source ↗
SENTENCES AND THEIR EXECUTION - 332. Record and report to be sent to President
After a death sentence and confirmation (or if no appeal is confirmed), the presiding judge must send the trial notes and a signed written report to the President; the President must communicate his decision to the judge (or successor), and the judge must enter its tenor and substance in court records. If execution is ordered the warrant must state place/time and burial directions; if commuted the order must specify the punishment; if pardoned the pardon must state whether free or subject to conditions. The President's warrant/order/pardon is sufficient legal authority to carry out the sentence or directions.
Section 332. Record and report to be sent to President Section 332(1) As soon as conveniently may be after sentence of death has been pronounced, if no appeal from the sentence is confirmed, then as soon as conveniently may be after confirmation, the presiding judge shall forward to the President a copy of the notes of evidence taken on the trial, with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make. Section 332(2) The President, after considering the report, shall communicate to the judge, or his successor in office, the terms of any decision to which he may come thereon, and the judge shall cause the tenor and substance thereof to be entered in the records of the court. Section 332(3)(a) if the sentence of death is to be carried out, the warrant shall state the place where and the time when execution is to be had, and shall give directions as to the place of burial or cremation of the body of the person executed; Section 332(3)(b) if the sentence is commuted for any other punishment, the order shall specify that punishment; Section 332(3)(c) if the person sentenced is pardoned, the pardon shall state whether it is free, or to what conditions (if any) it is subject: Section 332(4) The warrant, or order, or pardon, of the President shall be sufficient authority in law to all persons to whom it is directed to execute the sentence of death or other punishment awarded, and to carry out the directions therein given in accordance with the terms thereof. [Act No. 36 of 1962 , Sch., L.N. 182/1958, L.N. 124/1964.] - 333 Verify source ↗
SENTENCES AND THEIR EXECUTION - 333. Warrant in case of sentence of imprisonment
The sentencing judge or magistrate must issue a warrant ordering imprisonment in any prison in Kenya (except death sentences); the warrant authorises prison officers and others to carry out the sentence. Sentences commence on and include the day pronounced, and prior custody is to be accounted for.
Section 333. Warrant in case of sentence of imprisonment Section 333(1) A warrant under the hand of the judge or magistrate by whom a person is sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Kenya, shall be issued by the sentencing judge or magistrate, and shall be full authority to the officer in charge of the prison and to all other persons for carrying into effect the sentence described in the warrant, not being a sentence of death. Section 333(2) Subject to the provisions of section 38 of the Penal Code ( Cap. 63 ) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody. [Act No. 7 of 2007 , Sch.] - 334 Verify source ↗
SENTENCES AND THEIR EXECUTION - 334. Warrant for levy of fine, etc.
A person ordered to pay may pay or tender the sum (and distress expenses) to the officer executing the warrant, which stops execution.
Section 334. Warrant for levy of fine, etc. Section 334(1) When a court orders money to be paid by an accused person or by a prosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and immovable property of the person ordered to pay it by distress and sale under warrant; but if he shows sufficient movable property to satisfy the order his immovable property shall not be sold. Section 334(2) The person may pay or tender to the officer having the execution of the warrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute it. Section 334(3) A warrant under this section may be executed within the local limits of the jurisdiction of the court issuing it, and it shall authorize the distress and sale of property belonging to the person without those limits when endorsed by a magistrate holding a subordinate court of the first or second class within the local limits of whose jurisdiction the property was found. - 335 Verify source ↗
SENTENCES AND THEIR EXECUTION - 335. Objections to attachment
A person claiming an interest in attached property must file a written notice (with affidavit of value) before proceeds are received; the court must stay execution on receipt, notify the objector to appear, hear evidence, and may release property if satisfied; failure to establish the claim lets execution proceed; failure to comply does not deprive other remedies.
Section 335. Objections to attachment Section 335(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole or part of property attached in execution of a warrant issued under section 334 may, at any time prior to the receipt by the court of the proceeds of sale of that property, give notice in writing to the court of his objection to the attachment of the property; and the notice shall set out shortly the nature of the claim which the person (hereafter in this section referred to as the objector) makes to the whole or part of the property attached, and shall certify the value of the property claimed by him, and the value shall be deposed to upon affidavit, which shall be filed with the notice. Section 335(2) Upon receipt of a valid notice given under subsection (1), the court shall, by an order in writing addressed to the officer having the execution of the warrant, direct the stay of the execution proceedings. Section 335(3) Upon the issue of an order under subsection (2), the court shall, by notice in writing, direct the objector to appear before it and establish his claim upon a date to be specified in the notice. Section 335(4) A notice shall be served upon the person whose property was, by the warrant, issued under section 334 , directed to be attached, and, unless the property is to be applied to the payment of a fine, upon the person entitled to the proceeds of the sale of the property; and the notice shall specify the time and place fixed for the appearance of the objector and shall direct the person upon whom the notice is served to appear before the court at the same time and place if he wishes to be heard upon the hearing of the objection. Section 335(5) Upon the date fixed for the hearing of the objection, the court shall investigate the claim, and for that purpose may hear any evidence which the objector may give or adduce and any evidence given or adduced by a person served with a notice in accordance with the provisions of subsection (4). Section 335(6) If, upon investigation of the claim, the court is satisfied that the property was not, when attached, in the possession of the person ordered to pay the money or of some person in trust for him, or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the person ordered to pay the money at that time, it was so in his possession not on his own account or as his own property but on account of or in trust for some other person or partly on his own account and partly on account of some other person, the court shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment. Section 335(7) If, upon the date fixed for his appearance, the objector fails to appear, or if, upon investigation of the claim in accordance with the provisions of subsection (5), the court is of the opinion that the objector has failed to establish his claim, the court shall order the attachment and execution to proceed, and shall make such order as to costs as it deems fit. Section 335(8) Nothing in this section shall be deemed to deprive a person who has failed to comply with the requirements of subsection (1) of the right to take any other proceedings which, apart from the provisions of this section, may lawfully be taken by a person claiming an interest in property attached under a warrant. - 336 Verify source ↗
SENTENCES AND THEIR EXECUTION - 336. Suspension of execution of sentence of imprisonment in default of fine
Courts may suspend imprisonment for unpaid fines and release a convicted person on bond (appearance within 30 days), may require bonds, allow installment payments, and must inquire into means before issuing a commitment warrant.
Section 336. Suspension of execution of sentence of imprisonment in default of fine Section 336(1) When a convicted person has been sentenced to a fine only and to imprisonment in default of payment of a fine, and whether or not a warrant of distress has been issued under section 334 , the court may suspend the execution of the sentence of imprisonment and may release the convicted person upon his executing a bond, with or without sureties, as the court thinks fit, conditioned for his appearance before the court on a day not being more than thirty days from the time of executing the bond; and in the event of the fine not having been realized on or before that day the court may, subject to the other provisions of this section, direct the sentence of imprisonment to be carried into execution forthwith. Section 336(2) In any case in which an order for the payment of money has been made, on non-recovery of which imprisonment may be awarded, and the money is not paid forthwith, the court may require the person ordered to make payment to enter into a bond as prescribed in subsection (1), and in default of his so doing may at once pass sentence of imprisonment as if the money had not been recovered. Section 336(3) The court may direct that money to which this section applies may be paid by installments at such times and in such amounts as the court may deem fit; but so that in default of payment of any installment the whole of the amount outstanding shall become and be immediately due and payable, and all the provisions of this Code and of the Penal Code ( Cap. 63 ) applicable to a sentence of a fine and to imprisonment in default of payment thereof shall apply to it accordingly. Section 336(4) A warrant of commitment to prison in respect of the non-payment of a sum of money by a person to whom time has been allowed for payment under subsection(1), or who has been allowed to pay by installments under subsection (3), shall not be issued unless the court first makes inquiry as to his means in his presence. Section 336(5) After making inquiry in accordance with the provisions of subsection (4) the court may, instead of issuing a warrant of commitment to prison, make an order extending the time allowed for payment or varying the amount of the installments or the times at which the installments were, by the previous order of the court, directed to be paid. Section 336(6) For the purpose of enabling inquiry to be made under subsection (4), the court may issue a summons to the person ordered to pay the money to appear before it and, if he does not appear in obedience to the summons, may issue a warrant for his arrest, or, without issuing a summons, issue in the first instance a warrant for his arrest. - 337 Verify source ↗
SENTENCES AND THEIR EXECUTION - 337. Commitment for want of distress
If an officer reports there is no or insufficient property to levy a distress warrant, the court may commit the person ordered to pay to prison for a time specified in the warrant unless the money and expenses are sooner paid.
Section 337. Commitment for want of distress Section If the officer having the execution of a warrant of distress reports that he could find no property or not sufficient property whereon to levy the money mentioned in the warrant with expenses, the court may by the same or a subsequent warrant commit the person ordered to pay to prison for a time specified in the warrant, unless the money and all expenses of the distress, commitment and conveyance to prison, to be specified in the warrant, are sooner paid. - 338 Verify source ↗
SENTENCES AND THEIR EXECUTION - 338. Committment in lieu of distress
The court may commit a person to prison instead of or after distress when distress would be ruinous, there is no property to distrain, or other sufficient reason appears; the imprisonment is for the time specified in the warrant unless the money and expenses are sooner paid.
Section 338. Committment in lieu of distress Section When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant, unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. - 339 Verify source ↗
SENTENCES AND THEIR EXECUTION - 339. Payment in full after commitment
A person committed for non-payment may pay the sum specified in the warrant (plus authorised expenses) to the person holding him; that custodian must discharge him if he is not detained for any other matter.
Section 339. Payment in full after commitment Section A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorized (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter. - 340 Verify source ↗
SENTENCES AND THEIR EXECUTION - 340. Part payment after commitment
An officer in charge of a prison must, on the prisoner's application, at once take the prisoner before a court; the court must certify the amount of reduction in the term of imprisonment and make any required order.
Section 340. Part payment after commitment Section 340(1) If a person who is confined in prison for non-payment of a sum adjudged by a court in its criminal jurisdiction to be paid under this Code or under any other Act pays a sum in part satisfaction of the sum adjudged to be paid, the term of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which that person is committed as the sum so paid bears to the sum for which he is liable. Section 340(2) The officer in charge of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by the prisoner, at once take him before a court, and the court shall certify the amount by which the term of imprisonment originally awarded is reduced by the payment in part satisfaction, and shall make such order as is required in the circumstances. - 341 Verify source ↗
SENTENCES AND THEIR EXECUTION - 341. Who may issue warrant
A warrant for executing a sentence may be issued by the judge or magistrate who passed the sentence, or by that judge or magistrate's successor in office.
Section 341. Who may issue warrant Section A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office. - 342 Verify source ↗
SENTENCES AND THEIR EXECUTION - 342. Limitation of imprisonment for non-payment of fine, etc.
Section 342: Limitation of imprisonment for non-payment of fine, etc.
Section 342. Limitation of imprisonment for non-payment of fine, etc. - 343 Verify source ↗
SENTENCES AND THEIR EXECUTION - 343. Person twice convicted may be subject to police supervision
When a person twice convicted of serious offences is being sentenced, the court may order that person to be subject to police supervision for up to five years after release; the High Court may also make such an order on revision; if the conviction is set aside the order becomes void.
Section 343. Person twice convicted may be subject to police supervision Section 343(1) When a person, having been convicted of an offence punishable with imprisonment for a term of three years or more is again convicted of an offence punishable with imprisonment for a similar term or of an offence under section 345 , the court may, at the time of passing sentence of imprisonment on that person, also order that he shall be subject to police supervision as provided by section 344 for a period not exceeding five years from the date of his release from prison. Section 343(2) If the conviction is set aside on appeal or otherwise, the order shall become void. Section 343(3) An order under this section may be made by the High Court when exercising its powers of revision. [Act No. 19 of 2014 , s. 18.] - 344 Verify source ↗
SENTENCES AND THEIR EXECUTION - 344. Requirements from persons subject to police supervision
Persons under police supervision must comply with conditions including residing within a specified area, not transferring or leaving residence without written consent, keeping the officer informed of residence and contacts, and presenting themselves when called by the officer.
Section 344. Requirements from persons subject to police supervision Section 344(1)(a) to reside within the limits of a specified area; Section 344(1)(b) not to transfer his or her residence to another area without the written consent of an authorised police officer in charge of that area; Section 344(1)(c) not to leave the area in which the person resides without the written consent of the police officer in charge of that area; Section 344(1)(d) at all times to keep the authorised police officer in charge of the area in which the person resides notified of the house or place in which he or she resides and provide his or her telephone and other contacts; Section 344(1)(e) to present him or herself, whenever called upon by the authorised police officer in charge of the area in which the person resides, at any place in that area specified by that officer. Section 344(2) The freedom of movement and residence under Article 39 of the Constitution shall be limited as specified under this section for the purposes of limiting the movement of persons under a lawful police supervision order. Section 344(3) The Cabinet Secretary may make regulations for carrying out the provisions of this section, and in particular prescribing the manner in which persons may be brought before a court for the purposes of this section. [Act No. 19 of 2014 , s. 18.] - 344A Verify source ↗
SENTENCES AND THEIR EXECUTION - 344A. Automatic police supervision
A person convicted of specified offences shall be subject to police supervision for five years from their release from prison.
Section 344A. Automatic police supervision Section 344A(1) A person who is convicted of an offence under section 296(1), 297(1), 308 or 322 of the Penal Code ( Cap. 63 ) the Prevention of Terrorism Act or the Sexual Offences Act ( Cap. 63A ) shall be subject to police supervision for a period of five years from the date of his release from prison. Section 344A(2)(a) reside within the limits of such area as the Commissioner of Prisons shall, in each case, specify in writing to the Inspector General of Police upon the person's release; Section 344A(2)(b) not transfer his or her residence to another area without the written consent of the police officer in charge of the specified area; Section 344A(2)(c) not leave the area in which he or she resides without the written consent of the police officer in charge of that area; Section 344A(2)(d) at all times keep the police officer in charge of the area in which he or she resides notified of the house or place in which he or she resides; Section 344A(2)(e) present himself or herself, whenever called upon by the police officer in charge of the area in which he resides, at any place in that area specified by that officer. Section 344A(3) The freedom of movement and residence under Article 39 of the Constitution shall be limited as specified under this section for the purposes of limiting the movement of persons under a lawful police supervision order. [Act No. 19 of 2014 , s. 18.] - 345 Verify source ↗
SENTENCES AND THEIR EXECUTION - 345. Failure to comply with requirements undersection 344
Persons under police supervision must comply with requirements under section 344 or 344A; failure is an offence punishable by imprisonment (up to 6 months; up to 12 months for repeat convictions). Police officers may arrest without warrant on reasonable suspicion.
Section 345. Failure to comply with requirements undersection 344 Section 345(1) A person subject to police supervision who fails to comply with a requirement placed upon him or her by or by virtue of section 344 or 344A commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding six months and on a second or subsequent conviction for that offence to imprisonment for a term not exceeding twelve months. Section 345(2) Reasonable efforts made by a person to comply with a supervision order shall be a defence to the offences under subsection (1). Section 345(3) A police officer may arrest without warrant a person whom he suspects upon reasonable grounds of having committed an offence under this section. [Act No. 19 of 2014 , s. 18.] - 346 Verify source ↗
SENTENCES AND THEIR EXECUTION - 346. Errors and omissions in orders and warrants
The court may at any time amend defects in substance or form in an order or warrant.
Section 346. Errors and omissions in orders and warrants Section The court may at any time amend a defect in substance or in form in an order or warrant, and no omission or error as to the time and place, and no defect in form in an order or warrant given under this Code, shall be held to render void or unlawful an act done or intended to be done by virtue of that order or warrant, provided that it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment, and there is a valid conviction or judgment to sustain it.
Part XI
APPEALS FROM SUBORDINATE COURTS
- 347 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 347. Appeal to High Court
A person convicted after trial in a first- or second-class subordinate court may appeal to the High Court.
Section 347. Appeal to High Court Section 347(1)(a) a person convicted on a trial held by a subordinate court of the first or second class may appeal to the High Court; and Section 347(1)(b) Repealed by ActNo. 5 of 2003, s. 93. Section 347(2) An appeal to the High Court may be on a matter of fact as well as on a matter of law. [Act No. 17 of 1967 , s. 30, Act No. 5 of 2003 , s. 93.] - 348 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 348. No appeal on plea of guilty, nor in petty cases
An accused person who pleaded guilty and was convicted on that plea by a subordinate court is not allowed to appeal, except on the extent or legality of the sentence.
Section 348. No appeal on plea of guilty, nor in petty cases Section No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence. [Act No. 17 of 1967 , s. 31.] - 348A Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 348A. Right of appeal against acquittal, order of refusal or order of dismissal
The Director of Public Prosecutions may appeal certain acquittals or orders from subordinate courts or the High Court to the High Court or Court of Appeal; if that appeal succeeds, those courts may substitute a conviction and impose sentence.
Section 348A. Right of appeal against acquittal, order of refusal or order of dismissal Section 348A(1) When an accused person has been acquitted on a trial held by a subordinate court or High Court, or where an order refusing to admit a complaint or formal charge, or an order dismissing a charge, has been made by a subordinate court or High Court, the Director of Public Prosecutions may appeal to the High Court or the Court of Appeal as the case may be, from the acquittal or order on a matter of fact and law. Section 348A(2) If the appeal under subsection (1) is successful, the High Court or Court of Appeal as the case may be, may substitute the acquittal with a conviction and may sentence the accused person appropriately. [Act No. 13 of 1967 , s. 3, Act No. 12 of 2012 , Sch, Act No. 19 of 2014 , s. 19.] - 349 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 349. Limitation of time of appeal
The court to which an appeal is made may admit an appeal filed after fourteen days for good cause, and must admit if the failure to enter the appeal was caused by the appellant or advocate being unable to obtain a copy of the judgment or record within a reasonable time after applying.
Section 349. Limitation of time of appeal Section An appeal shall be entered within fourteen days of the date of the order or sentence appealed against: Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor. [Act No. 57 of 1955 , s. 9, Act No. 22 of 1959 , s. 34, Act No. 17 of 1967 , s. 32, L.N. 22/1984.] - 350 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 350. Petition of appeal
An appeal must be made by a written petition presented by the appellant or his advocate; such petition must normally include a copy of the judgment or order appealed against (unless the High Court directs otherwise).
Section 350. Petition of appeal Section 350(1) An appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall (unless the High Court otherwise directs) be accompanied by a copy of the judgment or order appealed against. Section 350(2)(i) subject to the provisions of paragraph (ii), where, within five days of the date of the judgment or order appealed against, the appellant or his advocate has applied to the subordinate court which passed the judgment or made the order for a copy of the record of the proceedings before that court, and where the appeal is entered within the period of limitation prescribed by section 349 but before receipt by the appellant or his advocate of the copy of the record, the petition of appeal may be amended on notice in writing to the Registrar of the High Court and to the Director of Public Prosecutions and without leave of the High Court, within seven days of the receipt by the appellant or his advocate of the copy of the record applied for; Section 350(2)(ii) the provisions of paragraph (i) shall not apply where the petition of appeal is signed by an advocate who represented the appellant in the proceedings before the subordinate court appealed from; Section 350(2)(iii) if the copy of the record is delivered otherwise than by post, the date of delivery; and Section 350(2)(iii)(a) if the copy of the record is delivered otherwise than by post, the date of delivery; and Section 350(2)(iii)(b) if the copy of the record is delivered by post, the date on which it is shown, on an advice of the delivery of a registered postal article issued under regulation 37(3) of the East African Postal Regulations, or any provision of law amending or replacing that regulation, to have been delivered, and no such copy of a record shall be delivered by post otherwise than by registered post; Section 350(2)(iv) save as provided in paragraph (i), a petition of appeal may only be amended with the leave of the High Court and on such terms and conditions, whether as to costs or otherwise, as the High Court may see fit to impose; Section 350(2)(v) notice in writing of an application for leave to amend a petition of appeal shall be given to the Registrar of the High Court and to the Attorney-General not less than three clear days, or such shorter period as the High Court may in any particular case allow, before the application is made; and an application for leave to amend a petition of appeal shall be made either at the hearing of the appeal or, if made previously, by way of motion in open court. - 351 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 351. Appellant in prison
If an appellant is in prison, the appellant may give their appeal petition and copies to the prison officer, who must forward them to the Registrar of the High Court.
Section 351. Appellant in prison Section If the appellant is in prison, he may present his petition of appeal and the copies accompanying it to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court . - 352 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 352. Summary rejection of appeal
A judge may summarily reject an appeal (without setting it down for hearing) where the appeal argues the conviction is against the weight of evidence or the sentence is excessive and the judge is satisfied the evidence supports the conviction and there is no material raising reasonable doubt or warranting sentence reduction.
Section 352. Summary rejection of appeal Section 352(1)(i) in a case falling within subsection (2) of this section; Section 352(1)(ii) repealed by ActNo. 5 of 2003, s. 94. Section 352(2) Where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order of the judge certifying that he has perused the record and is satisfied that the appeal has been lodged without any sufficient ground for complaint . Section 352(3) Whenever an appeal is summarily rejected notice of rejection shall forthwith be given to the Director of Public Prosecutions and to the appellant or his advocate. [Act No. 17 of 1967 , s. 33, Act No. 5 of 2003 , s. 94, Act No. 12 of 2012 , Sch.] - 352A Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 352A. Summary allowance of appeal
If a High Court judge is satisfied a conviction cannot be supported and the DPP writes that they do not support it, the judge may summarily allow the appeal.
Section 352A. Summary allowance of appeal Section Where an appeal against conviction has been lodged and a judge of the High Court is satisfied that the conviction cannot be supported, and the Director of Public Prosecutions has informed the court in writing that he does not support the conviction, the judge may summarily allow the appeal. [Act No. 17 of 1967 , s. 34, Act No. 12 of 2012 , Sch.] - 353 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 353. Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it must notify the appellant and respondent of the time and place for hearing and provide the respondent with a copy of the proceedings and grounds of appeal.
Section 353. Notice of time and place of hearing Section 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 and of the grounds of appeal. [Act No. 13 of 1967 , 1st Sch.] - 354 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 354. Powers of High Court
Section 354 describes who may address the High Court on appeal, the court's powers on findings and sentences (including reversing, varying, remitting or altering orders), the appellant's right to be present if in custody (subject to conditions and payment of transfer expenses), and limits on the High Court imposing a greater sentence than the trial court.
Section 354. Powers of High Court Section 354(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. Section 354(2) The court may invite the appellant or his advocate to reply upon any matters of law or fact raised by the respondent or his advocate in his address. Section 354(3)(a) reverse the finding and sentence, and acquit or discharge the accused, or order him to be tried by a court of competent jurisdiction; or Section 354(3)(a)(i) reverse the finding and sentence, and acquit or discharge the accused, or order him to be tried by a court of competent jurisdiction; or Section 354(3)(a)(ii) alter the finding, maintaining the sentence, or, with or without altering the finding, reduce or increase the sentence; or Section 354(3)(a)(iii) with or without a reduction or increase and with or without altering the finding, alter the nature of the sentence; Section 354(3)(b) in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence; Section 354(3)(bb) in an appeal from an acquittal, an appeal from an order refusing to admit a complaint or formal charge or an appeal from an order dismissing a charge, hear and determine the matter of law and thereupon reverse, affirm or vary the determination of the subordinate court, or remit the matter with the opinion of the High court thereon to the subordinate court for determination, whether by way of rehearing or otherwise, with such directions as the High Court may think necessary, and make such other order in relation to the matter, including an order as to costs, as High Court may think fit; Section 354(3)(c) in an appeal from an acquittal, an appeal from an order refusing to admit a complaint or formal charge or an appeal from an order dismissing a charge, hear and determine the matter of law and thereupon reverse, affirm or vary the determination of the subordinate court, or remit the matter with the opinion of the High Court thereon to the subordinate court for determination, whether by way of re- hearing or otherwise, with such directions as the High Court may think necessary, and make such other order in relation to the matter, including an order as to costs, as the High Court may think fit; Section 354(3)(d) in an appeal from any other order, alter or reverse the order, and in any case may make any amendment or any consequential or incidental order that may appear just and proper. Section 354(4) Subject to subsection (5), an appellant, notwithstanding that he is in custody, shall be entitled to be present, if he desires it, at the hearing of the appeal: Provided that where the appeal is on some ground involving a question of law alone, he shall not be entitled to be present except with the leave of the High Court. Section 354(5) The right of an appellant who is in custody to be present at the hearing of the appeal shall be subject to his paying all expenses incidental to his transfer to and from the place where the court sits for the determination of the appeal: Provided that the court may direct that the appellant be brought before the court in a case where in the opinion of the court his presence is advisable for the due determination of the appeal, in which case the expenses shall be defrayed out of moneys provided by Parliament. Section 354(6) Nothing in subsection (1) shall empower the High Court to impose a greater sentence than might have been imposed by the court which tried the case. Section 354(7) Deleted by ActNo. 10 of 1969, Sch. [Act No. 22 of 1959 , s. 35, Act No. 13 of 1967 , 1st Sch., Act No. 10 of 1969 , 1st Sch., Act No. 5 of 2003 , s. 95.] - 355 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 355. Order of the High Court to be certified to lower court
When the High Court decides an appeal it must certify its judgment or order to the lower court that recorded the conviction, sentence or order appealed against; that lower court must then make orders conformable to the High Court's decision and amend records if necessary.
Section 355. Order of the High Court to be certified to lower court Section 355(1) When a case is decided on appeal by the High Court, it shall certify its judgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed. Section 355(2) The court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and, if necessary, the records shall be amended in accordance therewith. - 356 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 356. Bail and stay of execution pending the entering of an appeal
The High Court or the subordinate court that convicted or sentenced a person may grant bail or stay execution of a sentence or order pending the entering of an appeal, on reasonable terms.
Section 356. Bail and stay of execution pending the entering of an appeal Section 356(1) The High Court, or the subordinate court which has convicted or sentenced a 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 suffering of any punishment ordered by or in the sentence or order as may seem reasonable to the High Court or the subordinate court. Section 356(2) If the person in whose favour bail or a stay of execution is granted under this section is ultimately liable to a sentence of imprisonment, the time during which the person has been released on bail, or during which the execution was stayed, shall be excluded in computing the term of his sentence, unless the High Court, or failing that court the subordinate court which convicted and sentenced the person, otherwise orders. [Act No. 22 of 1959 , s. 36.] - 357 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 357. Admission to bail or suspension of sentence pending appeal
After an appeal is entered, the High Court or the subordinate court which convicted or sentenced the appellant may order release on bail; if not released, that court shall, at the appellant's request, suspend execution of the sentence pending the appeal. A person refused bail by a subordinate court may appeal to the High Court. The Chief Justice may make rules of court for procedure under this section.
Section 357. Admission to bail or suspension of sentence pending appeal Section 357(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 execution of the sentence or order appealed against shall be suspended pending the hearing of his appeal: Provided that, where an application for bail is made to the subordinate court and is refused by that court, no further application for bail shall lie to the High Court, but a person so refused bail by a subordinate court may appeal against refusal to the High Court and, notwithstanding anything to the contrary in sections 352 and 359, the appeal shall not be summarily rejected and shall be heard, in accordance with such procedure as may be prescribed, before one judge of the High Court sitting in chambers. Section 357(2) If the appeal is ultimately dismissed and the original sentence confirmed, or some other sentence of imprisonment substituted therefor, the time during which the appellant has been released on bail or during which the sentence has been suspended shall be excluded in computing the term of imprisonment to which he is finally sentenced. Section 357(3) The Chief Justice may make rules of court to regulate the procedure in cases under this section. [Act No. 22 of 1959 , s. 37, Act No. 27 of 1961 , Sch.] - 358 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 358. Power to take further evidence
The High Court may order additional evidence and must record reasons; subordinate courts must certify such evidence and the High Court must then dispose of the appeal; the accused or advocate must be present unless the High Court directs otherwise.
Section 358. Power to take further evidence Section 358(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. Section 358(2) When the additional evidence is taken by a subordinate court, that court shall certify the evidence to the High Court, which shall thereupon proceed to dispose of the appeal. Section 358(3) Unless the High Court otherwise directs, the accused or his advocate shall be present when the additional evidence is taken. Section 358(4) Evidence taken in pursuance of this section shall be taken as if it were evidence taken at a trial before a subordinate court. - 359 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 359. Number of judges on an appeal
Appeals from subordinate courts are to be heard by one judge of the High Court; if a hearing is equally divided the appeal must be reheard before three judges.
Section 359. Number of judges on an appeal Section 359(1) Appeals from subordinate courts shall be heard by one judge of the High Court, 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. Section 359(2) If on the hearing of an appeal the court is equally divided in opinion the appeal shall be reheard before three judges. [Act No. 16 of 1977 , Sch., Act No 27 of 2015 , Sch.] - 360 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 360. Abatement of appeals
An appeal from a subordinate court ends when the appellant dies, except appeals against fines.
Section 360. Abatement of appeals Section Every appeal from a subordinate court (except an appeal from a sentence of a fine) shall finally abate on the death of the appellant. - 361 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 361. Second appeals
Section 361 grants the Court of Appeal broad powers on second appeals to set aside or vary judgments on questions of law, make orders the lower courts could have made or remit cases, substitute convictions or sentences, dismiss appeals if no substantial miscarriage of justice occurred, and allows a High Court judge to grant bail while an appeal is pending.
Section 361. Second appeals Section 361(1)(a) on a matter of fact, and severity of sentence is a matter of fact; or Section 361(1)(b) against sentence, except where a sentence has been enhanced by the High Court, unless the subordinate court had no power under section 7 to pass that sentence. Section 361(2) On any such appeal, the Court of Appeal may, if it thinks that the judgment of the subordinate court or of the first appellate court should be set aside or varied on the ground of a wrong decision on a question of law, make any order which the subordinate court or the first appellate court could have made, or may remit the case, together with its judgment or order thereon, to the first appellate court or to the subordinate court for determination, whether or not by way of rehearing, with such directions as the Court of Appeal may think necessary. Section 361(3) If it appears to the Court of Appeal that a party to an appeal, though not properly convicted on some count, has been properly convicted on some other count, the court may, in respect of the count on which it considers that the appellant has been properly convicted, either affirm the sentence passed by the subordinate court or by the first appellate court or pass such other sentence (whether more or less severe) in substitution therefor as it thinks proper. Section 361(4) Where a party to an appeal has been convicted of an offence and the subordinate court or the first appellate court could lawfully have found him guilty of some other offence, and on the finding of the subordinate court or of the first appellate court it appears to the Court of Appeal that the court must have been satisfied of facts which proved him guilty of that other offence, the Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the conviction entered by the subordinate court or by the first appellate court a conviction of guilty of that other offence, and pass such sentence in substitution for the sentence passed by the subordinate court or by the first appellate court as may be warranted in law for that other offence. Section 361(5) On any appeal brought under this section, the Court of Appeal may, notwithstanding that it may be of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has in fact occurred. Section 361(6) Where an appeal under this section is pending, a judge of the High Court may grant bail to a convicted person who is a party to the appeal. Section 361(7) For the purposes of this section, an order made by the High Court in the exercise of its revisionary jurisdiction or a decision of the High Court on a case stated shall be deemed to be a decision of the High Court in its appellate jurisdiction. Section 361(8)(a) a decision of the High Court in its appellate Jurisdiction exercised under section 347 (1)(b); or Section 361(8)(b) a refusal by the High Court to admit an appeal out of time under section 349 , - 362 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 362. Power of High Court to call for records
The High Court may call for and examine records of criminal proceedings from any subordinate court to satisfy itself about the correctness, legality or propriety of findings, sentences or orders and the regularity of the proceedings.
Section 362. Power of High Court to call for records Section 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 subordinate court. - 363 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 363. Subordinate court may call for records of inferior court
A first-class subordinate court may call for and examine records of criminal proceedings from a lower-class subordinate court within its local jurisdiction; if it finds illegality, impropriety or irregularity it must forward the record with remarks to the High Court.
Section 363. Subordinate court may call for records of inferior court Section 363(1) A subordinate court of the first class may call for and examine the record of 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 finding, sentence or order recorded or passed, and as to the regularity of the proceedings. Section 363(2) If a subordinate court acting under subsection (1) considers that a finding, sentence or order of the court of lower class is illegal or improper, or that the proceedings were irregular, it shall forward the record with its remarks thereon to the High Court. [Act No. 17 of 1967 , s. 35.] - 364 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 364. Powers of High Court on revision
Section 364 gives the High Court powers on revision: in convictions it may exercise appellate powers and may enhance sentence; it may alter or reverse non-acquittal orders; in certain listed serious-offence proceedings it may stay a subordinate court's bail order for up to fourteen days pending review applications; the High Court must not increase punishment beyond what the subordinate court could have imposed and may not convert acquittals into convictions.
Section 364. Powers of High Court on revision Section 364(1)(a) in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by sections 354 , 357 and 358 , and may enhance the sentence; Section 364(1)(b) in the case of any other order other than an order of acquittal, alter or reverse the order. Section 364(1)(c) in proceedings under section 203 or 296(2) of the Panel Code ( Cap. 63 ), the Prevention of Terrorism Act ( Cap. 59B ), the Narcotic Drugs and Psychotropic Substances (Control) Act ( Cap. 245 ), the Prevention of Organized Crimes Act ( Cap. 59 ), the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ), the Sexual Offences Act ( Cap. 63A ) and the Counter-Trafficking in Persons Act ( Cap. 61 ), where the subordinate court has granted bail to an accused person, and the Director of Public Prosecution has indicated his intention to apply for review of the order of the court, the order of the subordinate court may be stayed for a period not exceeding fourteen days pending the filing of the application for review. Section 364(2) No order under this section shall be made to the prejudice of an accused person unless he has had an opportunity of being heard either personally or by an advocate in his own defence: Provided that this subsection shall not apply to an order made where a subordinate court has failed to pass a sentence which it was required to pass under the written law creating the offence concerned. Section 364(3) Where the sentence dealt with under this section has been passed by a subordinate court, the High Court shall not inflict a greater punishment for the offence which in the opinion of the High Court the accused has committed than might have been inflicted by the court which imposed the sentence. Section 364(4) Nothing in this section shall be deemed to authorize the High Court to convert a finding of acquittal into one of conviction. Section 364(5) When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the insistence of the party who could have appealed. [Act No. 10 of 1970 , Sch., Act No. 19 of 2014 , s. 20, Act No. 25 of 2015 , Sch.] - 365 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 365. Discretion of court as to hearing parties
Parties have no automatic right to be heard before the High Court while it exercises its powers of revision, but the court may choose to hear a party either personally or by an advocate.
Section 365. Discretion of court as to hearing parties Section 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 364 (2). - 366 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 366. Number of judges in revision
Proceedings before the High Court in its revisional jurisdiction may be heard, and judgments or orders on them may be made or passed, by one judge; but if a multi-judge court is equally divided, the subordinate court's sentence or order is to be upheld.
Section 366. Number of judges in revision Section 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 of the subordinate court shall be upheld. - 367 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 367. High Court order to be certified to lower court
When the High Court revises a case it must certify its decision or order to the lower court that recorded or passed the original sentence or order; the court receiving the certificate must make orders conformable to that decision.
Section 367. High Court order to be certified to lower court Section 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 certified, and, if necessary, the record shall be amended in accordance therewith. - 368 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 368.[Repealed by ActNo. 13 of 1967, s. 5.]
Section 368 has been repealed.
Section 368.[Repealed by ActNo. 13 of 1967, s. 5.] - 369 Verify source ↗
APPEALS FROM SUBORDINATE COURTS - 369.[Repealed by ActNo. 13 of 1967, s. 5.]
Section 369.[Repealed by ActNo. 13 of 1967, s. 5.]
Section 369.[Repealed by ActNo. 13 of 1967, s. 5.]
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