Criminal Procedure Code Cap 75 in Kenya

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...

(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of that place shall, on demand of the person so acting or the...

A police officer or other person authorized to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Whenever a person is arrested— (a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or (b) without warrant, or by a private person under a warrant, and the person...

(1) A police officer, or other person authorized in writing in that behalf by the Commissioner of Police, may stop, search and detain— (a) any aircraft, vessel or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found; or (b) any aircraft,...

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person...

A police officer may, without an order from a magistrate and without a warrant, arrest— (a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence; (b) any person who commits a breach of the peace in his presence; (c) any person who obstructs a police officer...

An officer in charge of a police station may in the same manner arrest or cause to be arrested— (a) any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking those precautions with a view to...

When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant under section 30, he shall deliver to the officer required to make the arrest an order in...

(1) When a person who in the presence of a police officer has committed orhas been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested...

A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.

(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony.  (2) Persons found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants...

(1) A private person arresting another person without a warrant shall withoutunnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take that person to the nearest police station. (2) If there is reason to believe that the person comes...

When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police station to which the person has been brought may in any case and shall, if it does not appear...

(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being arrested. (2) Notwithstanding subsection (1), if a police officer has reasonable grounds to believe that the detention of a...

Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons have been admitted to bail or not.

When an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions of this Code as to bail, commit the offender to custody.

A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. Escape and Retaking