Section 137M of Criminal Procedure Code CAP 75: Protection of plea agreement process

This Part shall not apply to— (a) offences under the Sexual Offences Act, 2006; (b) offences of genocide, war crimes and crimes against humanity.

The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mutatis mutandis to prosecutions conducted under section 88 of the Act.

A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set...

A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on the former trial under section 135(1).

A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from that for which he was convicted or acquitted may be afterwards tried for...

A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequently charged with and tried for another offence constituted by the...

(1) In any trial or other proceeding under this Code, a previous conviction may be proved, in addition to any other mode provided by any law for the time being in force— (a) by an extract certified,...

(1) Proceedings for the trial of a person who is not a Kenya citizen for an offence committed within exclusive economic zone and the territorial waters shall not be instituted in any court except...

(1) If it is made to appear that material evidence can be given by or is in thepossession of a person who will not voluntarily attend to give it or will not voluntarily produce it, a court having...

If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring...

If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at...

When a witness is arrested under a warrant, the court may, on his furnishing security by recognizance to the satisfaction of the court for his appearance at the hearing of the case, order him to be...

(1) A court desirous of examining, as a witness, in a case pending before it, aperson confined in prison within the local limits of its jurisdiction, may issue an order to the officer in charge of the...

(1) A person summoned to attend as a witness who, without lawful excuse, failsto attend as required by the summons, or who, having attended, departs without having obtained the permission of the...

A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and...

Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.

(1) Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence— (a) refuses to be...

(1) Whenever, in the course of a proceeding under this Code, the High Courtor a magistrate empowered to hold a subordinate court of the first class is satisfied that the examination of a witness is...

(1) The parties to a proceeding under this Code in which a commission isissued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think...

Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinate court of the first class, it appears that a commission ought to be...

(1) After a commission issued under section 154 or section 156 has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court or to the...

In a case in which a commission is issued under section 154 or section 156, the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.

In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer...

(1) When in the course of a trial or committal proceedings the court has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, it shall inquire into...

(1) If a person detained in a mental hospital or other place of custody undersection 162 or section 280 is found by the medical officer in charge of the mental hospital or place to be capable of...

Wherever a trial is postponed under section 162 or section 280, the court may at any time, subject to the provisions of section 163, resume trial and require the accused to appear or be brought before...

(1) Where an act or omission is charged against a person as an offence, and itis given in evidence on the trial of that person for that offence that he was insane so as not to be responsible for his...

(1) If the accused, though not insane, cannot be made to understand the proceedings— (a) in cases tried by a subordinate court, the court shall proceed to hear the evidence, and, if at the close of...

(1) The judgment in every trial in a criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of the judgment shall be explained, in open court either...

(1) Every such judgment shall, except as otherwise expressly provided by thisCode, be written by or under the direction of the presiding officer of the court in the language of the court, and shall...

On the application of the accused person, a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay.

(1) A judge of the High Court or a magistrate of a subordinate court of the first or second class may order a person convicted before him of an offence to pay to the public or private prosecutor, as...

(1) Sums allowed for costs awarded under section 171 shall in all cases bespecified in the conviction or order. (2) If the person who has been ordered to pay costs fails so to pay, he shall,in...

(1) A court which— (a) on convicting a person of an offence, imposes a fine, or a sentence of which a fine forms part; or (b) on appeal, revision or otherwise, confirms such a sentence, may, when...

In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private...

Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order— (a) that the property or a part thereof be restored...

(1) If a person guilty of an offence mentioned in Chapters XXVI to XXXI, both inclusive, of the Penal Code (Cap. 63), in stealing, taking, obtaining, extorting, converting or disposing of, or in...

(1) When a person is charged with an offence consisting of several particulars,a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining...

When a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.

(1) When a woman is charged with the murder of her child, being a child under the age of twelve months, and the court is of the opinion that she by a wilful act or omission caused its death but at the...

When a person is charged with manslaughter in connexion with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an...

Where a person is charged with an offence under paragraph (a) of section 61 of the Penal Code (Cap. 63), and the court is of the opinion that he is not guilty of that offence but is guilty of another...

Where a person is charged with rape and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he...

(b) With offences under the Sexual Offences Act;

When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under...

When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of another...

When a person is charged with stealing anything and— (a) the facts proved amount to an offence under section 322 or section 323 of the Penal Code (Cap. 63), he may be convicted of that offence...

When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is proved that he stole the thing, he may be convicted of the offence of...

When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under...