Section 329B of Criminal Procedure Code CAP 75: Application of Part
This Part applies in relation to an offence that is being dealt with by any court, where the offence results in the death of, or actual physical bodily harm to, any person.
Acts and laws in Kenya
Browse an Act, find a provision and read each section in context.
Browse Acts ↓Provisions
7,070 resultsSection 329C of Criminal Procedure Code CAP 75: When victim impact statements may be received and considered
(1) If it considers it appropriate to do so, a court may receive and consider a victim impact statement at any time after it convicts, but before it sentences, an offender. (2) If the primary victim has died as a direct result of the offence, the court shall receive a victim impact statement given b…
Section 329D of Criminal Procedure Code CAP 75: Victim impact statements discretionary
(1) The giving of a victim impact statement is not mandatory. (2) A victim impact statement shall not be received or considered by a court if the victim or any of the victims to whom the statement relates objects to the statement being given to the court. (3) The absence of a victim impact statement…
Section 329E of Criminal Procedure Code CAP 75: Formal requirements for victim impact statements
(1) A victim impact statement shall be in writing and shall comply with suchother requirements as are prescribed by rules of court. (2) If a primary victim is incapable of providing information for or objecting to avictim impact statement about the personal harm suffered by the victim, a member of t…
Section 329F of Criminal Procedure Code CAP 75: Rules of court
The Chief Justice may make any rules of court necessary or expedient to be made for carrying this Part into effect.
Section 330 of Criminal Procedure Code CAP 75: Accused to be informed of right to appeal
When an accused person is sentenced to death, the court shall inform him of the time within which, if he wishes to appeal, his appeal should be preferred.
Section 331 of Criminal Procedure Code CAP 75: Authority for detention
A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the person condemned, shall be sufficient authority for the detention of that person.
Section 332 of Criminal Procedure Code CAP 75: Record and report to be sent to President
(1) As soon as conveniently may be after sentence of death has been pronounced, if no appeal from the sentence is confirmed, then as soon as conveniently may be after confirmation, the presiding judge shall forward to the President a copy of the notes of evidence taken on the trial, with a report in…
Section 333 of Criminal Procedure Code CAP 75: Warrant in case of sentence of imprisonment
(1) A warrant under the hand of the judge or magistrate by whom a person issentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Kenya, shall be issued by the sentencing judge or magistrate, and shall be full authority to the officer in charge of the prison…
Section 334 of Criminal Procedure Code CAP 75: Warrant for levy of fine, etc.
(1) When a court orders money to be paid by an accused person or by aprosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and immovable property of the person ordered to pay it by distress and sale under warrant; but if he sh…
Section 335 of Criminal Procedure Code CAP 75: Objections to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole or part of property attached in execution of a warrant issued under section 334 may, at any time prior to the receipt by the court of the proceeds of sale of that property, give notice in writing to the c…
Section 336 of Criminal Procedure Code CAP 75: Suspension of execution of sentence of imprisonment in default of fine
(1) When a convicted person has been sentenced to a fine only and to imprisonment in default of payment of a fine, and whether or not a warrant of distress has been issued under section 334, the court may suspend the execution of the sentence of imprisonment and may release the convicted person upon…
Section 337 of Criminal Procedure Code CAP 75: Commitment for want of distress
If the officer having the execution of a warrant of distress reports that he could find no property or not sufficient property whereon to levy the money mentioned in the warrant with expenses, the court may by the same or a subsequent warrant commit the person ordered to pay to prison for a time spe…
Section 338 of Criminal Procedure Code CAP 75: Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property whereon the distress may be levied, or other sufficient reason appears to the court, the court may, inste…
Section 339 of Criminal Procedure Code CAP 75: Payment in full after commitment
A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorized (if any), to the person in whose custody he is, and that person shall thereupon discharge him if he is in custody for no other matter.
Section 340 of Criminal Procedure Code CAP 75: Part payment after commitment
(1) If a person who is confined in prison for non-payment of a sum adjudgedby a court in its criminal jurisdiction to be paid under this Code or under any other Act pays a sum in part satisfaction of the sum adjudged to be paid, the term of his imprisonment shall be reduced by a number of days beari…
Section 341 of Criminal Procedure Code CAP 75: Who may issue warrant
A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office.
Section 342 of Criminal Procedure Code CAP 75: Limitation of imprisonment for non-payment of fine, etc.
No commitment for non-payment shall be for a longer period than six months, unless the law under which the conviction has taken place enjoins or allows a longer period.
Section 343 of Criminal Procedure Code CAP 75: Person twice convicted may be subject to police supervision
(1) When a person, having been convicted of an offence punishable withimprisonment for a term of three years or more is again convicted of an offence punishable with imprisonment for a similar term or of an offence under section 345, the court may, at the time of passing sentence of imprisonment on…
Section 344 of Criminal Procedure Code CAP 75: Requirements from persons subject to police supervision
(1) A court may at any time direct that a person shall, whilst subject to police supervision under section 343 and at large in Kenya, comply with all or any of the following requirements, and may vary any such directions at any time- (a) to reside within the limits of a specified area; (b) not to tr…
Section 344A of Criminal Procedure Code CAP 75: Automatic police supervision
(1) A person who is convicted of an offence under section 296(1), 297(1), 308 or 322 of the Penal Code the Prevention of Terrorism Act or the Sexual Offences Act shall be subject to police supervision for a period of five years from the date of his release from prison. (2) A person who is subject to…
Section 345 of Criminal Procedure Code CAP 75: Failure to comply with requirements under section 344
(1) A person subject to police supervision who fails to comply with a requirementplaced upon him or her by or by virtue of section 344 or 344A commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding six months and on a second or subsequent conviction for that offe…
Section 346 of Criminal Procedure Code CAP 75: Errors and omissions in orders and warrants
The court may at any time amend a defect in substance or in form in an order or warrant, and no omission or error as to the time and place, and no defect in form in an order or warrant given under this Code, shall be held to render void or unlawful an act done or intended to be done by virtue of tha…
Section 347 of Criminal Procedure Code CAP 75: Appeal to High Court
(1) Save as is in this Part provided— (a) a person convicted on a trial held by a subordinate court of the first or second class may appeal to the High Court; and (b) Repealed by Act No. 5 of 2003, s. 93. (2) An appeal to the High Court may be on a matter of fact as well as on a matter of law.
Section 348 of Criminal Procedure Code CAP 75: No appeal on plea of guilty, nor in petty cases
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
Section 348A of Criminal Procedure Code CAP 75: Right of appeal against acquittal, order of refusal or order of dismissal
(1) When an accused person has been acquitted on a trial held by a subordinate court or High Court, or where an order refusing to admit a complaint or formal charge, or an order dismissing a charge, has been made by a subordinate court or High Court, the Director of Public Prosecutions may appeal to…
Section 349 of Criminal Procedure Code CAP 75: Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against: Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failur…
Section 350 of Criminal Procedure Code CAP 75: Petition of appeal
(1) An appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall (unless the High Court otherwise directs) be accompanied by a copy of the judgment or order appealed against. (2) A petition of appeal shall be signed, if the appella…
Section 351 of Criminal Procedure Code CAP 75: Appellant in prison
If the appellant is in prison, he may present his petition of appeal and the copies accompanying it to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court.
Section 352 of Criminal Procedure Code CAP 75: Summary rejection of appeal
(1) When the High Court has received the petition and copy under section 350, a judge shall peruse them, and, if he considers that there is no sufficient ground for interfering, may, notwithstanding the provisions of section 359, reject the appeal summarily: (continued on page C44 – 97) C44 - 96(2)…