Section 210 of Criminal Procedure Code CAP 75: Acquittal of accused person when no case to answer

(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...

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...

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.

(1) Where, at any stage of a trial before the close of the case for the prosecution, it appears to the court that the charge is defective, either in substance or in form, the court may make such order...

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...

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...

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.

The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proof be a bar to a subsequent information or complaint for the same...

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...

(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...

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...

(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. (2) Where,...

(1) If an information does not state, and cannot by amendment authorized bysection 275 be made to state, an offence of which the accused has had notice, it shall be quashed either on a motion made...

Where an information contains a count charging an accused person with having been previously convicted for an offence, the procedure shall be as follows— (a) the part of the information stating the...

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...

(1) An accused person against whom an information is filed may plead— (a) that he has been previously convicted or acquitted of the same offence; or (b) that he has obtained the President’s pardon...

(1) If an accused person being arraigned upon an information stands muteof malice, or neither will nor by reason of infirmity can, answer directly to the information, the court may order the Registrar...

(1) An accused person may plead not guilty, guilty, or guilty subject to a pleaagreement. (2) Where an accused person pleads guilty subject to a plea agreement, theprovisions of Part IV relating to...

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.

(1) If, from the absence of witnesses or any other reasonable cause to berecorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn a...

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.

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.

(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...

(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...

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.

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...

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.

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...

(1) When the case on both sides is closed, the judge shall then give judgment. (2) If the accused person is convicted, the judge shall pass sentence on him according to law.

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...

(1) The accused person may, at any time before sentence, whether on his pleaof guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which...

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.

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...

(1) When a person has, in a trial before the High Court, been convicted of anoffence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any...

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...

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.

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...

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.

(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. (2) If the primary victim...

(1) The giving of a victim impact statement is not mandatory. (2) A victim impact statement shall not be received or considered by a court if the victim or any of the victims to whom the statement...

(1) A victim impact statement shall be in writing and shall comply with suchother requirements as are prescribed by rules of court. (2) If a primary victim is incapable of providing information for...

The Chief Justice may make any rules of court necessary or expedient to be made for carrying this Part into effect.

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.

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...

(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...

(1) A warrant under the hand of the judge or magistrate by whom a person issentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Kenya, shall be issued by the...

(1) When a court orders money to be paid by an accused person or by aprosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and...

(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...

(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...

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...