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Browse Acts ↓(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released, and when he is in prison the court admitting him to bail shall issue an order of release to the officer in charge of the prison and the officer on receipt of the order shall release him…
When a person may be required by a court or officer to execute a bond, with or without sureties, the court or officer may, except in the case of a bond for good behaviour, require him to deposit a sum of money to such amount as the court or officer may fix, or to deposit property, in lieu of executi…
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so…
(1) All or any of the sureties for the appearance and attendance of a personreleased on bail may at any time apply to a magistrate to discharge the bond either wholly or so far as it relates to the applicant or applicants. (2) On an application being made under subsection (1) the magistrate shalliss…
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.
If it is made to appear to a court, by information on oath, that a person bound by recognizance is about to leave Kenya, the court may cause him to be arrested and may commit him to prison until the trial, unless the court sees fit to admit him to bail upon further recognizance.
(1) Whenever it is proved to the satisfaction of a court by which a recognizance under this Code has been taken, or, when the recognizance is for appearance before a court, to the satisfaction of that court, that the recognizance has been forfeited, the court shall record the grounds of proof, and m…
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.
(1) Any offences, whether felonies or misdemeanours, may be chargedtogether in the same charge or information if the offences charged are founded on the same facts, or form or are part of a series of offences of the same or a similar character. (2) Where more than one offence is charged in a charge…
The following persons may be joined in one charge or information and may be tried together— (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment, or of an attempt to commit the offence; (c) persons…
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 which…
(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 poss…
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 i…
(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 plea ne…
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 int…
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 to…
(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 havin…
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 accordance…
(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, made…
(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 inadmissible…
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 the…
(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 ad…
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).