Act and Laws in Kenya

The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code, not be open to objection in respect of its form or contents if it is framed in accordance with this Code— (a) (i) Mode in...

(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of— (a) reduction of a charge to a lesser included offence; (b) withdrawal of the charge or a stay of other charges or the promise not to proceed with other...

A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9) of the Constitution and any other person authorized by any written law to prosecute: Provided that...

(1) An offer for a plea agreement may be initiated by— (a) a prosecutor; or (b) an accused person or his legal representative. (2) The court shall be notified by the parties referred to in subsection (1) of their intention to negotiate a plea agreement. (3) The court shall not participate in...

A prosecutor shall only enter into a plea agreement in accordance with section 137A— (a) after consultation with the police officer investigating the case; (b) with due regard to the nature of and the circumstances relating to the offence, the personal circumstances of the accused person and the...

A plea agreement shall be in writing, and shall— (a) be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands; (b) if the accused person has negotiated with the prosecutor through an interpreter, contain a certificate by the interpreter...

(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accused person personally in court, and shall inform the accused person of, and determine that the accused person understands— (a) the right to— (i) plead not guilty, or...

The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.

(1) Where the court accepts a plea agreement— (a) it shall enter the factual basis of the plea on record; (b) the agreement shall become binding upon the prosecutor and the accused; (c) the agreement shall become part of the record of the court. (2) Where a plea agreement entered into in...

(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216. (2) In passing a sentence, the court shall take into account— (a) the period during which the accused person has been in custody; (b) a victim impact statement, if any,...

(1) Where the court rejects a plea agreement— (a) it shall record the reasons for such rejection and inform the parties accordingly; (b) the plea agreement shall become null and void and no party shall be bound by its terms; (c) the proceedings giving rise to the plea agreement shall be...

An accused person may withdraw a plea of guilty pursuant to a plea agreement — (a) prior to acceptance of the plea by the court, for any reason; or (b) after the court accepts and convicts on the plea, but before it passes a sentence, if the accused person can demonstrate, to the satisfaction of...

(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom except as to the extent or legality of the sentence imposed. (2) Notwithstanding subsection (1), the Director of Public Prosecutions, in thepublic interest and the orderly...

Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose except for the purpose of this Part.

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 aside, not be liable to be tried again on the same facts for the same offence.

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 the last-mentioned offence, if the consequences had not happened or were not known to the court to...

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 same acts which he may have committed, if the court by which he was first tried was not competent to...

(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, under the hand of the officer having the custody of the records of the court in which the...

(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 with the leave of the Director of Public Prosecutions and upon his certificate that it is expedient...

(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 cognizance of a criminal cause or matter may issue a summons to that person requiring his attendance...

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 him before the court at the time and place as shall be therein specified.

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 a time and place to be therein specified.

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 released from custody, or shall, on his failing to furnish security, order him to be detained for...

(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 prison requiring him to bring the prisoner in proper custody, at a time to be named in the order,...

(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 court, or who fails to attend after adjournment of the court after being ordered to attend, shall be...

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 re-examine a person already examined, and the court shall summon and examine or recall and re-examine...

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.