Criminal Procedure Code CAP 75▤
Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused pe…
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314 results · Criminal Procedure Code CAP 75
Criminal Procedure Code CAP 75▤
Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom exce…
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Criminal Procedure Code CAP 75▤
Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement — (a) prior to acceptance of the plea by the court, f…
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Criminal Procedure Code CAP 75▤
Rejection of plea agreement
(1) Where the court rejects a plea agreement— (a) it shall record the reasons for such rejection and inform the parties accordingl…
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Criminal Procedure Code CAP 75▤
Address by parties
(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216. (2)…
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Criminal Procedure Code CAP 75▤
Record of factual basis of plea
(1) Where the court accepts a plea agreement— (a) it shall enter the factual basis of the plea on record; (b) the agreement shall…
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Criminal Procedure Code CAP 75▤
Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused pe…
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Criminal Procedure Code CAP 75▤
Recording of plea agreement by court
(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accus…
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Criminal Procedure Code CAP 75▤
Form of plea agreement
A plea agreement shall be in writing, and shall— (a) be reviewed and accepted by the accused person, or explained to the accused p…
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Criminal Procedure Code CAP 75▤
Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section 137A— (a) after consultation with the police office…
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Criminal Procedure Code CAP 75▤
Initiation of plea agreement
(1) An offer for a plea agreement may be initiated by— (a) a prosecutor; or (b) an accused person or his legal representative. (2)…
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Criminal Procedure Code CAP 75▤
Plea agreement on behalf of the Republic
A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by…
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Criminal Procedure Code CAP 75▤
Plea agreement negotiation
(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in…
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Criminal Procedure Code CAP 75▤
Rules for the framing of charges and information's
The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge o…
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Criminal Procedure Code CAP 75▤
Joinder of two or more accused in one charge or information
The following persons may be joined in one charge or information and may be tried together— (a) persons accused of the same offenc…
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Criminal Procedure Code CAP 75▤
Joinder of counts in a charge or information
(1) Any offences, whether felonies or misdemeanours, may be chargedtogether in the same charge or information if the offences char…
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Criminal Procedure Code CAP 75▤
Offence to be specified in charge or information with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences…
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Criminal Procedure Code CAP 75▤
Power to direct levy of amount due on certain recognizances
The High Court may direct a magistrate to levy the amount due on recognizance to appear and attend at the High Court.
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Criminal Procedure Code CAP 75▤
Appeal from and revision of orders
All orders passed under section 131 by a magistrate shall be appealable to and may be revised by the High Court.
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Criminal Procedure Code CAP 75▤
Forfeiture of recognizance
(1) Whenever it is proved to the satisfaction of a court by which a recognizance under this Code has been taken, or, when the reco…
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Criminal Procedure Code CAP 75▤
Persons bound by recognizance absconding may be committed
If it is made to appear to a court, by information on oath, that a person bound by recognizance is about to leave Kenya, the court…
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Criminal Procedure Code CAP 75▤
Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bo…
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Criminal Procedure Code CAP 75▤
Discharge of sureties
(1) All or any of the sureties for the appearance and attendance of a personreleased on bail may at any time apply to a magistrate…
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Criminal Procedure Code CAP 75▤
Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the…
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