Criminal Procedure Code CAP 75▤
Where accused adduces no evidence
If the accused person says that he does not intend to give or adduce evidence and the court considers that there is evidence that…
Explore resource↗
THE SHERIAPLEX COLLECTION
Kenyan legislation.
Find Acts and individual sections in a clear, focused reading experience.
314 results · Criminal Procedure Code CAP 75
Criminal Procedure Code CAP 75▤
Prosecutor’s reply
If the accused person, or any one of several accused persons, adduces any evidence, the advocate for the prosecution shall, subjec…
Explore resource↗
Criminal Procedure Code CAP 75▤
Evidence in reply
If the accused person adduces evidence in his defence introducing new matter which the advocate for the prosecution could not by t…
Explore resource↗
Criminal Procedure Code CAP 75▤
Additional witnesses for the defence
The accused person shall be allowed to examine any witness not previously summoned to give evidence at the trial, if that witness…
Explore resource↗
Criminal Procedure Code CAP 75▤
Defence
(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 su…
Explore resource↗
Criminal Procedure Code CAP 75▤
Close of case for prosecution
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidenc…
Explore resource↗
Criminal Procedure Code CAP 75▤
Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-ex…
Explore resource↗
Criminal Procedure Code CAP 75▤
Opening of case for prosecution
The advocate for the prosecution shall open the case against the accused person,and shall call witnesses and adduce evidence in su…
Explore resource↗
Criminal Procedure Code CAP 75▤
Power to postpone or adjourn proceedings
(1) If, from the absence of witnesses or any other reasonable cause to berecorded in the proceedings, the court considers it neces…
Explore resource↗
Criminal Procedure Code CAP 75▤
Procedure on plea of “not guilty”
If the accused pleads “not guilty”, or if a plea of “not guilty” is entered in accordance with section 280, the court shall procee…
Explore resource↗
Criminal Procedure Code CAP 75▤
Plea generally and application of Part IVA
(1) An accused person may plead not guilty, guilty, or guilty subject to a pleaagreement. (2) Where an accused person pleads guilt…
Explore resource↗
Criminal Procedure Code CAP 75▤
Refusal to plead
(1) If an accused person being arraigned upon an information stands muteof malice, or neither will nor by reason of infirmity can,…
Explore resource↗
Criminal Procedure Code CAP 75▤
Plea of autrefois acquit and autrefois convict
(1) An accused person against whom an information is filed may plead— (a) that he has been previously convicted or acquitted of th…
Explore resource↗
Criminal Procedure Code CAP 75▤
Effect of plea of “not guilty”
An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of “not guilty” shall, without…
Explore resource↗
Criminal Procedure Code CAP 75▤
Procedure in case of previous convictions
Where an information contains a count charging an accused person with having been previously convicted for an offence, the procedu…
Explore resource↗
Criminal Procedure Code CAP 75▤
Quashing of information
(1) If an information does not state, and cannot by amendment authorized bysection 275 be made to state, an offence of which the a…
Explore resource↗
Criminal Procedure Code CAP 75▤
Orders for amendment of information, separate trial, and postponement of trial
(1) Every objection to an information for a formal defect on the face thereof shall be taken immediately after the information has…
Explore resource↗
Criminal Procedure Code CAP 75▤
Pleading to information
The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court s…
Explore resource↗
Criminal Procedure Code CAP 75▤
Committal to higher court for sentence
(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 wh…
Explore resource↗
Criminal Procedure Code CAP 75▤
Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence the maximum punishment for which does not exceed imprisonment f…
Explore resource↗
Criminal Procedure Code CAP 75▤
Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proo…
Explore resource↗
Criminal Procedure Code CAP 75▤
Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order,…
Explore resource↗
Criminal Procedure Code CAP 75▤
Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused person under section 215, receive such evidence as it…
Explore resource↗
Criminal Procedure Code CAP 75▤
Decision
The court having heard both the complainant and the accused person, and their witnesses and evidence shall either convict the accu…
Explore resource↗