Criminal Procedure Code at Kenya
Kenya's criminal justice system is governed by the Criminal Procedure Code (CPC), Chapter 75, which provides the legal framework for the investigation, prosecution, and trial of criminal offenses. The CPC was first enacted in 1930 and has undergone various amendments to align with constitutional reforms and evolving legal standards.
⚖️ Key Features of the Criminal Procedure Code (Cap. 75)
1. General Provisions
Short Title and Interpretation: The Act is cited as the Criminal Procedure Code, and it provides definitions for terms used throughout the legislation.
Trial of Offenses: The Code outlines procedures for the trial of offenses under the Penal Code (Cap. 63) and other laws, ensuring that all criminal offenses are inquired into, tried, and dealt with according to its provisions. (CAP. 75)
2. Arrest and Search
Arrest: Section 21 specifies that 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 is submission to custody by word or action. (CAP. 75)
Search: Sections 22 to 28 grant powers to search places entered by persons sought to be arrested, break into houses for purposes of liberation, and seize offensive weapons. (CAP. 75)
3. Trial Procedures
General Provisions: The Code provides detailed procedures for conducting trials, including the powers of courts, sentencing guidelines, and the rights of the accused.
Sentences: It outlines the types of sentences that can be imposed by the High Court and subordinate courts, including imprisonment, fines, and other penalties.
4. Appeals and Revisions
Appeals: The Code allows for appeals against convictions and sentences to higher courts, ensuring that individuals have the opportunity to challenge decisions.
Revisions: It provides mechanisms for the revision of orders and judgments by superior courts to correct errors or injustices.
📄 Accessing the Full Text
The full text of the Criminal Procedure Code (Cap. 75) is available for download:
Criminal Procedure Code - Kenya Law
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