Section 15 - Suspended Sentences
(1) Any court which passes a sentence of imprisonment for a term of not morethan two years for any offence may order that the sentence shall not take effect unless during the period specified by the...
Section 21 - Arrest
(1) In making an arrest the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there be a submission to custody by word or...
Section 25 - Search of arrested persons
Whenever a person is arrestedā
(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested...
Section 28 - Power to seize offensive weapons
The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer...
Section 32 - Refusal to give name and residence
(1) When a person who in the presence of a police officer has committed orhas been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence,...
Section 34 - Arrest by private person
(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.ā
(2) Persons found committing an offence...
Section 36A - Remand by court
(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being...
Section 37 - Police to report apprehensions
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons...
Section 39 - Arrest by magistrate
A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the...
Section 40 - Recapture of person escaping
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Kenya.
Section 42A - Disclosure by prosecution
(1) Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused...
Section 43 - Security for keeping the peace
(1) Whenever a magistrate empowered to hold a subordinate court of the first-class is informed that a person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any...
Section 47 - Order to be made
When a magistrate acting under section 43, section 44, section 45 or section 46 deems it necessary to require a person to show cause, he shall make an order in writing setting outā
(a) the substance...
Section 52 - Inquiry as to truth of information
(1) When an order under section 47 has been read or explained under section48 to a person present in court, or when any person appears or is brought before a magistrate in compliance with or in...
Section 53 - Order to give security
(1) If upon an inquiry it is proved that it is necessary for keeping the peace ormaintaining good behaviour that the person in respect of whom the inquiry is made should be made subject to a...
Section 54 - Discharge of person informed against
If on an inquiry under section 52 it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should be subject to...
Section 56 - Contents of bond
of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with...
Section 57 - Power to reject sureties
A magistrate may refuse to accept a surety offered under any of the preceding sections of this Part on the ground that, for reasons to be recorded by the magistrate, the surety is an unfit person.
Section 61 - Discharge of sureties
(1) A surety for the peaceable conduct or good behaviour of another personmay at any time apply to a magistrate empowered to hold a subordinate court of the first class to cancel a bond executed under...
Section 62 - Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the district named in the order without the written permission of the chief officer of police of the district, or who fails to...
Section 61A - Breach of restriction order
A person who, whilst subject to a restriction order, is found outside the districtnamed in the order without the written permission of the chief officer of police of the district, or who fails to...
Section 64 - Arrest to prevent such offences
A police officer knowing of a design to commit a cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the...