The Criminal Procedure Code - Kenya Law Reports

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www.kenyalaw.org 32 CAP. 75 Criminal Procedure Code Rev. 2009] Breach of restriction order. 25 of 1971, s.7. Police to prevent cognizable offences. Information of design to commit such offences. Arrest to prevent such offences. Prevention of injury to public property. General authority of courts. Accused person to be sent to district where offence committed. and 59 be deemed to be an order made under section 53. 61A. A person who, whilst subject to a restriction order, is found outside the district named in the order without the written permission of the chief officer of police of the district, or who fails to comply with any condition attached to that permission, shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months. preventIve aCtIon of the polICe 62. A police officer may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of a cognizable offence. 63. A police officer receiving information of a design to commit a cognizable offence shall communicate that information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of the offence. 64. A police officer knowing of a design to commit a cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented. 65. A police officer may of his own authority interpose to prevent injury attempted to be committed in his view to public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation. part Iv - provIsIons relatInG to all CrImInal InvestIGatIons plaCe of trIal 66. Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Kenya, or which according to law may be dealt with as if it had been committed within Kenya, and to deal with the accused person according to its jurisdiction. 67. Where a person accused of having committed an offence within Kenya has escaped or removed from the province or district within which the offence was committed and is found within another province or district, the court within whose jurisdiction he is found shall cause him to be brought before it, and shall, unless authorized to proceed in the case, send him in custody to the court within whose jurisdiction the offence is alleged to have been committed or require
www.kenyalaw.org Rev. 2009] Criminal Procedure Code CAP. 75 33 him to give security for his surrender to that court there to answer the charge and to be dealt with according to law. 68. (1) Where a person is to be sent in custody in pursuance of section 67, a warrant shall be issued by the court within whose jurisdiction he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named and to carry him and deliver him up to the court within whose district the offence was committed or may be tried. (2) The person to whom the warrant is directed shall execute it according to its tenor without delay. 69. The High Court may inquire into and try any offence subject to its jurisdiction at any place where it has power to hold sittings. 70. (1) For the exercise of its original criminal jurisdiction the High Court shall hold sittings at such places and on such days as the Chief Justice may direct. (2) The Registrar of the High Court shall ordinarily give notice beforehand of all such sittings. 71. Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging the offence. 72. When a person is accused of the commission of an offence by reason of anything which has been done or of any consequence which has ensued, the offence may be tried by a court within the local limits of whose jurisdiction the thing has been done or the consequence has ensued. 73. When an act is an offence by reason of its relation to another act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was done. 74. When - Removal of accused person under warrant. 13 of 1982, 1 st Sch. Powers of High Court. 13 of 1982, 1 st Sch. 5 of 2003, s.63. Place and date of sessions of the High Court. 13 of 1982, 1 st Sch. Ordinary place of inquiry and trial. 13 of 1982, 1 st Sch. Trial at place where act done or where consequence of offence ensues. 13 of 1982, 1 st Sch. Trial where offence is connected with another offence. 13 of 1982, 1 st Sch. Trial where place of offence is uncertain.
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