Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) In making an arrest the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there be a submission to custody by word or action. (2) If a person forcibly resists the endeavour to arrest him, or attempts to evadethe arrest, the pol…
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of that place shall, on demand of the person so acting or the…
A police officer or other person authorized to make an arrest may break out of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Whenever a person is arrested— (a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or (b) without warrant, or by a private person under a warrant, and the person a…
(1) A police officer, or other person authorized in writing in that behalf by the Commissioner of Police, may stop, search and detain— (a) any aircraft, vessel or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found; or (b) any aircraft, vessel…
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
The officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arr…
A police officer may, without an order from a magistrate and without a warrant, arrest— (a) any person whom he suspects upon reasonable grounds of having committed a cognizable offence; (b) any person who commits a breach of the peace in his presence; (c) any person who obstructs a police officer wh…
An officer in charge of a police station may in the same manner arrest or cause to be arrested— (a) any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking those precautions with a view to commi…
When an officer in charge of a police station requires an officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant under section 30, he shall deliver to the officer required to make the arrest an order in writin…
(1) When a person who in the presence of a police officer has committed orhas been accused of committing a non-cognizable offence refuses on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested…
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.
(1) A private person may arrest any person who in his view commits a cognizable offence, or whom he reasonably suspects of having committed a felony. (2) Persons found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or…
(1) A private person arresting another person without a warrant shall withoutunnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take that person to the nearest police station. (2) If there is reason to believe that the person comes und…
When a person has been taken into custody without a warrant for an offence other than murder, treason, robbery with violence and attempted robbery with violence the officer in charge of the police station to which the person has been brought may in any case and shall, if it does not appear practicab…
(1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being arrested. (2) Notwithstanding subsection (1), if a police officer has reasonable grounds to believe that the detention of a perso…
Officers in charge of police stations shall report to the nearest magistrate the cases of all persons arrested without warrant within the limits of their respective stations, whether those persons have been admitted to bail or not.
When an offence is committed in the presence of a magistrate within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions of this Code as to bail, commit the offender to custody.
A magistrate may at any time arrest or direct the arrest in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. Escape and Retaking
If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Kenya.
The provisions of sections 22 and 23 shall apply to arrests under section 40 although the person making the arrest is not acting under a warrant and is not a police officer having authority to arrest.
Every person is bound to assist a magistrate or police officer reasonably demanding his aid— (a) in the taking or preventing the escape of another person whom the magistrate or police officer is authorized to arrest; (b) in the prevention or suppression of a breach of the peace, or in the prevention…
(1) Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused person has reasonable access to that evidence. (2) In proceedings under the Prevention of Terrorism Act…
(1) Whenever a magistrate empowered to hold a subordinate court of the first-class is informed that a person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, th…
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that there is within the limits of his jurisdiction a person who, within or without those limits, either orally or in writing or in any other manner, disseminates, or attempts to disseminate, or has re…
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person is taking precautions to conceal his presence within the local limits of the magistrate’s jurisdiction, and that there is reason to believe that the person is taking those precautions wit…
Whenever a magistrate empowered to hold a subordinate court of the first class is informed on oath that a person within the local limits of his jurisdiction— (a) is by habit a robber, housebreaker or thief; or (b) is by habit a receiver of stolen property, knowing it to have been stolen; or (c) habi…
When a magistrate acting under section 43, section 44, section 45 or section 46 deems it necessary to require a person to show cause, he shall make an order in writing setting out— (a) the substance of the information received; (b) in the case of a restriction order, the district to which the person…
If the person in respect of whom an order under section 47 is made present in court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.