Criminal Procedure Code Cap 75 in Kenya

(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he pleads not guilty, guilty or guilty subject to a plea agreement. [Issue 2] (2) If the accused person admits the truth of the charge otherwise than by a plea agreement his admission...

(1) If the accused person does not admit the truth of the charge, the court shallproceed to hear the complainant and his witnesses and other evidence (if any). (2) The accused person or his advocate may put questions to each witnessproduced against him. (3) If the accused person does not employ an...

If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require...

(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 the accused person sufficiently to [Issue 2] require him to make a defence, the court shall again...

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 to adduce evidence in reply to rebut that matter.

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 for the alteration of the charge, either by way of amendment of the charge or by the substitution...

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 law, or shall acquit him.

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 properly to be passed or made.

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 matter against the same accused person.

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 triable by a subordinate court, unless the charge or complaint relating to it is laid within twelve...

(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 first class, and the court convicting him, after obtaining information as to his character and...

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 to him by the Registrar or other officer of the court, and explained if need be by that officer or...

(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, before a trial upon information or at any stage of the trial, it appears to the court that the...

(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 before the accused pleads or on a motion made in arrest of judgment. (2) A written statement of every...

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 previous conviction shall not be read out in court, nor shall the accused be asked whether he has...

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 trial.

(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 for his offence. (2) If either of those pleas are pleaded and denied to be true, the court shalltry...

(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 or other officer of the court to enter a plea of “not guilty” on behalf of the accused person, and...

(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 plea agreements shall apply accordingly.

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 trial, the court may from time to time postpone or adjourn it on such terms as it thinks fit for such...

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 shall, after hearing, if necessary, any arguments which the advocate for the prosecution or the...

(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 prosecution; the accused person may then give evidence on his own behalf and he or his advocate may examine his...

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 the advocate for the prosecution to adduce evidence in reply to rebut it.

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.