The Criminal Procedure Code - Kenya Law Reports

www.kenyalaw.org
26 CAP. 75 Criminal Procedure Code Rev. 2009]
arrests under section
40.
Assistance to
magistrate or police
officer.
Security for keeping
the peace.
22 of 1959, s. 7.
Security for
good behaviour
under a warrant and is not a police officer having authority to arrest.
42. 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 of injury attempted to be committed to any railway,
canal, telegraph or public property.
preventIon of offenCes
Security for Keeping the Peace and for Good Behaviour
43. (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, the magistrate shall examine the informant on
oath and may as hereinafter provided require the person in respect of
whom the information is laid to show cause why he should not be ordered
to execute a bond, with or without sureties, for keeping the peace for
such period, not exceeding one year, as the magistrate thinks fit.
(2) Proceedings shall not be taken under this section unless
either the person informed against, or the place where the breach of
the peace or disturbance is apprehended, is within the local limits of
the magistrate’s jurisdiction.
(3) When a magistrate not empowered to proceed under subsection
(1) has reason to believe 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, and that a breach of the peace or disturbance cannot be
prevented otherwise than by detaining the person in custody, the
magistrate may, after recording his reasons, issue a warrant for his
arrest (if he is not already in custody or before the court), and may
send him before a magistrate empowered to deal with the case, with a
copy of his reasons.
(4) A magistrate before whom a person is sent under this section
may detain that person in custody until the completion of the inquiry
hereinafter prescribed.
44. Whenever a magistrate empowered to hold a subordinate
court of the first class is informed on oath that there is within the limits