Criminal Procedure Code CAP 75▤
Right of reply
In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the pe…
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314 results · Criminal Procedure Code CAP 75
Criminal Procedure Code CAP 75▤
Procedure where person charged is only witness
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immed…
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Criminal Procedure Code CAP 75▤
Adjournment of inquiry or trial
In a case in which a commission is issued under section 154 or section 156, the proceedings may be adjourned for a specified time…
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Criminal Procedure Code CAP 75▤
Return of commission
(1) After a commission issued under section 154 or section 156 has been duly executed it shall be returned, together with the depo…
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Criminal Procedure Code CAP 75▤
Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinat…
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Criminal Procedure Code CAP 75▤
Parties may examine witnesses
(1) The parties to a proceeding under this Code in which a commission isissued may respectively forward any interrogatories in wri…
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Criminal Procedure Code CAP 75▤
Issue of commission for examination of witness
(1) Whenever, in the course of a proceeding under this Code, the High Courtor a magistrate empowered to hold a subordinate court o…
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Criminal Procedure Code CAP 75▤
Refractory witnesses
(1) Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being v…
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Criminal Procedure Code CAP 75▤
Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall…
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Criminal Procedure Code CAP 75▤
Power to summon witnesses, or examine person present
A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any p…
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Criminal Procedure Code CAP 75▤
Penalty for non-attendance of witness
(1) A person summoned to attend as a witness who, without lawful excuse, failsto attend as required by the summons, or who, having…
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Criminal Procedure Code CAP 75▤
Power of court to order prisoner to be brought up for examination
(1) A court desirous of examining, as a witness, in a case pending before it, aperson confined in prison within the local limits o…
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Criminal Procedure Code CAP 75▤
Mode of dealing with witness arrested under warrant
When a witness is arrested under a warrant, the court may, on his furnishing security by recognizance to the satisfaction of the c…
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Criminal Procedure Code CAP 75▤
Warrant for witness in first instance
If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a wa…
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Criminal Procedure Code CAP 75▤
Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of…
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Criminal Procedure Code CAP 75▤
Summons for witness
(1) If it is made to appear that material evidence can be given by or is in thepossession of a person who will not voluntarily att…
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Criminal Procedure Code CAP 75▤
Leave of Director of Public Prosecutions necessary before prosecution instituted
(1) Proceedings for the trial of a person who is not a Kenya citizen for an offence committed within exclusive economic zone and t…
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Criminal Procedure Code CAP 75▤
Mode of proof of previous conviction
(1) In any trial or other proceeding under this Code, a previous conviction may be proved, in addition to any other mode provided…
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Criminal Procedure Code CAP 75▤
Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequ…
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Criminal Procedure Code CAP 75▤
Consequences supervening or not known at time of former trial
A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from th…
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Criminal Procedure Code CAP 75▤
Person may be tried again for separate offence
A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on…
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Criminal Procedure Code CAP 75▤
Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence sh…
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Criminal Procedure Code CAP 75▤
Rules under this sub-Part
The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mut…
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Criminal Procedure Code CAP 75▤
Application
This Part shall not apply to— (a) offences under the Sexual Offences Act, 2006; (b) offences of genocide, war crimes and crimes ag…
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