Act and Laws in Kenya

The provisions of section 40, 41 and 43 shall apply so far as may be to all persons arrested under this Act.

(1) No judge, magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in or returning from his court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the...

(1) Where an application is made to a subordinate court that any person shall be arrested or that any property shall be attached under any provision of this Act, and where the person resides or is found, or the property is situate, outside the local limits of the jurisdiction of the court to which...

(1) The language of the High Court and of the Court of Appeal shall be English, and the language of subordinate courts shall be English or Swahili. (2) Deleted by Act No. 17 of 1967, s. 41. (3) Written applications to the High Court and to the Court of Appeal shall be in English and to...

(1) Any court may in any cause or matter pending before it in which questions may arise as to the laws or customs of any tribe, caste or community, summon to its assistance one or more competent assessors, and such assessors shall attend and assist accordingly. (2) In any Admiralty or...

In the case of any affidavit under this Act— (a) any court, magistrate, registrar of a court, notary public or commissioner of oaths; or (b) any officer or other person whom the High Court may appoint in this behalf, may administer the oath to the deponent.

The procedure provided in this Act in regard to suits shall be followed as far as it may be applicable in all proceedings in any court of civil jurisdiction.

All orders or notices served on or given to any person under this Act shall be in writing.

(1) Where and in so far as a decree is varied or reversed, the court of first instance shall, on the application of the party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position they would have...

Where any person has become liable as surety— (a) for the performance of any decree or any part thereof; or (b) for the restitution of any property taken in execution of a decree; or (c) for the payment of any money, or for the fulfillment of any condition imposed on any person, under an order...

In all suits to which any person under disability is a party, any consent or agreement as to any proceeding shall, if given or made with the express leave of the court by the next friend or guardian for the suit, have the same force and effect as if such person were under no disability and had given...

Where the High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the court may order that the decree shall be executed forthwith, except as to so...

Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Act, the court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired.

Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court fees has not been paid, the court may, in its discretion, at any stage, allow the person by whom such fee is payable to pay the whole or part, as the case may be, of the fee;...

Renumbered as section 3A.

Where any person neglects or refuses to comply with a decree or order directing him to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the court may, on such terms and conditions, if any, as it may determine, order that the conveyance, contract or other...

Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.

The court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceeding.

This Act may be cited as the Criminal Procedure Code.

In this Code, unless the context otherwise requires— “cognizable offence” means an offence for which a police officer may, in accordance with the First Schedule or under any law for the time being in force, arrest without warrant; “complaint "Deleted by Act No. 7 of 2007; “drug related offence”...

(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried andotherwise dealt with according to this Code. (2) All offences under any other law shall be inquired into, tried and otherwisedealt with according to this Code, subject to any enactment for the time being in force...

Subject to this Code, an offence under the Penal Code (Cap. 63) may be tried by the High Court, or by a subordinate court by which the offence is shown in the fifth column of the First Schedule to this Code to be triable.

(1) An offence under any law other than the Penal Code (Cap. 63) shall, whena court is mentioned in that behalf in that law, be tried by that court. (2) When no court is so mentioned, it may, subject to this Code, be tried bythe High Court, or by a subordinate court by which the offence is shown in...

The High Court may pass any sentence authorized by law.

(1) A subordinate court of the first class held by— (a) a chief magistrate, senior principal magistrate, principal magistrate or senior resident magistrate may pass any sentence authorized by law for any offence triable by that court; (b) a resident magistrate may pass any sentence authorized by...

The Judicial Service Commission may, by notice in the Gazette, extend the jurisdiction of any particular magistrate under section 7 either generally or in relation to particular offences triable by a court of a class which may be held by that magistrate, and a magistrate whose jurisdiction has been...

Any court may pass a lawful sentence combining any of the sentences which it is authorized by law to pass.

(1) Subject to subsection (3), when a person is convicted at one trial of two or more distinct offences, the court may sentence him, for those offences, to the several punishments prescribed therefor which the court is competent to impose; and those punishments when consisting of imprisonment shall...

(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 court (hereinafter called the “operational period”) the offender commits another offence, whether...

(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 action. (2) If a person forcibly resists the endeavour to arrest him, or attempts to evadethe arrest, the...