Criminal Procedure Code CAP 75▤
Variance between charge and evidence, and amendment of charge
(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 de…
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314 results · Criminal Procedure Code CAP 75
Criminal Procedure Code CAP 75▤
Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and orde…
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Criminal Procedure Code CAP 75▤
Evidence in reply
If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of r…
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Criminal Procedure Code CAP 75▤
Defence
(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…
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Criminal Procedure Code CAP 75▤
Acquittal of accused person when no case to answer
If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecu…
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Criminal Procedure Code CAP 75▤
Procedure on plea of not guilty
(1) If the accused person does not admit the truth of the charge, the court shallproceed to hear the complainant and his witnesses…
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Criminal Procedure Code CAP 75▤
Accused to be called upon to plead
(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 gu…
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Criminal Procedure Code CAP 75▤
Non-appearance of parties after adjournment
(1) If, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the c…
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Criminal Procedure Code CAP 75▤
Adjournment
(1) The court may, before or during the hearing of a case, adjourn the hearing to a certain time and place to be then appointed an…
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Criminal Procedure Code CAP 75▤
Withdrawal of complaint
If a complainant, at any time before a final order is passed in a case under this Part, satisfies the court that there are suffici…
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Criminal Procedure Code CAP 75▤
Appearance of both parties
If at the time appointed for the hearing of the case both the complainant and the accused person appear before the court which is…
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Criminal Procedure Code CAP 75▤
Non-appearance of complainant at hearing
If, in a case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the sum…
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Criminal Procedure Code CAP 75▤
Rules as to taking down of evidence
(1) The Chief Justice may make rules of court prescribing the manner in whichevidence shall be taken down in cases coming before t…
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Criminal Procedure Code CAP 75▤
Conviction on evidence partly recorded by one magistrate and partly by another
(1) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, c…
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Criminal Procedure Code CAP 75▤
Remarks respecting demeanour of witness
When a magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respect…
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Criminal Procedure Code CAP 75▤
Interpretation of evidence to accused or his advocate
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpret…
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Criminal Procedure Code CAP 75▤
Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner— (a) the evidence…
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Criminal Procedure Code CAP 75▤
Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in a trial under this Code shall be taken in the presence of the accuse…
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Criminal Procedure Code CAP 75▤
Concurrent criminal and civil proceedings
Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also dir…
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Criminal Procedure Code CAP 75▤
Right of accused to be defended
A person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in a criminal c…
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Criminal Procedure Code CAP 75▤
Person charged with misdemeanour not to be acquitted if felony proved, unless court so directs
If on a trial for a misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of…
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Criminal Procedure Code CAP 75▤
Construction of sections 179 to 190
The provisions of sections 179 to 190, both inclusive, shall be construed as in addition to, and not in derogation of, the provisi…
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Criminal Procedure Code CAP 75▤
Charge of stock theft under the Penal Code
When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) and the court is of the opinion that he is…
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Criminal Procedure Code CAP 75▤
Charge of obtaining by false pretences
When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is prove…
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