[Rev. 2012]
Criminal Procedure Code
CAP. 75
141. Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may,
notwithstanding the conviction or acquittal, be subsequently charged with and tried
for another offence constituted by the same acts which he may have committed,
if the court by which he was first tried was not competent to try the offence with
which he is subsequently charged.
142. Mode of proof of previous conviction
(1) In any trial or other proceeding under this Code, a previous conviction may
be proved, in addition to any other mode provided by any law for the time being
in force—
(a) by an extract certified, under the hand of the officer having the custody
of the records of the court in which the conviction was had, to be a
copy of the sentence or order; or
(b) by a certificate signed by the officer in charge of the prison in which
the punishment or any part thereof was inflicted, or by production of
the warrant of commitment under which the punishment was suffered,
together with, in either case, evidence as to the identity of the accused person with
the person so convicted.
(2) A certificate in the form prescribed by the Minister given under the hand of
an officer appointed by the Minister in that behalf, who has compared the finger
prints of an accused person with the finger prints of a person previously convicted,
shall be prima facie evidence of all facts therein set out if it is produced by the
person who took the finger prints of the accused.
(3) A previous conviction in a place outside Kenya may be proved by the
production of a certificate purporting to be given under the hand of a police officer
in the country where the conviction was had, containing a copy of the sentence or
order, and the finger prints, or photographs of the finger prints, of the person so
convicted, together with evidence that the finger prints of the person so convicted
are those of the accused person.
(4) A certificate under this section shall be prima facie evidence of all facts
stated therein without proof that the officer purporting to sign it did in fact sign it
and was empowered so to do.
[L.N. 299/1956, L.N. 172/1960, Act No. 13 of 1982, First Sch.]
OFFENCES BY FOREIGNERS WITHIN TERRITORIAL WATERS
143. Leave of Director of Public Prosecutions necessary before prosecution
instituted
(1) Proceedings for the trial of a person who is not a Kenya citizen for an offence
committed within exclusive economic zone and the territorial waters shall not be
instituted in any court except with the leave of the Director of Public Prosecutions
and upon his certificate that it is expedient that proceedings should be instituted:
C44 - 57
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