CAP. 75
Criminal Procedure Code
[Rev. 2012]
“police officer” means a police officer or an administration police officer;
“police station” means a police station within the meaning of section 2 of
the Police Act (Cap. 84);
“prosecutor” means a public prosecutor or a person permitted by the court
to conduct a prosecution under section 88 of the Act;
“public prosecutor” means the Director of Public Prosecutions, a state
counsel, a person appointed under section 85 or a person acting under the
direction of the Director of Public Prosecutions;
“Registrar of the High Court” includes a Deputy Registrar of the High
Court and a district registrar of the High Court;
“summary trial” means a trial held by a subordinate court under Part VI.
[Act No. 39 of 1951, s. 2, Act No. 22 of 1959, s. 2, Act No. 15 of 1961, Sch., Act No. 28
of 1961, Sch., Act No. 36 of 1962, Sch., Act No. 13 of 1967, First Sch., Act No. 17 of 1967, s.
23, Act No. 8 of 1968, Sch., Act No. 13 of 1982, s. 2, L.N. 124/1964, Act No. 14 of 1991, Sch.,
Act No. 5 of 2003, s. 59, Act No. 7 of 2007, Act No. 11 of 2008, s. 2, Act No. 12 of 2012, Sch.]
3. Trial of offences under Penal Code and under other laws
(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried and
otherwise dealt with according to this Code.
(2) All offences under any other law shall be inquired into, tried and otherwise
dealt with according to this Code, subject to any enactment for the time being in
force regulating the manner or place of inquiring into, trying, or otherwise dealing
with those offences.
(3) Notwithstanding anything in this Code, the High Court may, subject to the
provisions of any law for the time being in force, in exercising its criminal jurisdiction
in respect of any matter or thing to which the procedure prescribed by this Code
is inapplicable, exercise that jurisdiction according to the course of procedure and
practice observed by and before the High Court of Justice in England at the date
of the coming into operation of this Code.
(4) Notwithstanding anything in this Code or any other written law, in relation
to a person who is a member of the armed forces or police forces of another
country lawfully present in Kenya as a consequence of an agreement between
the government of that other country and the Government of Kenya, in which
agreement provision is made in respect of offences under the Penal Code or any
other written law for the detention or punishment of that person or the inquiry into,
trial or other disposal of those offences, nothing done or omitted in accordance
with such a provision shall be or shall be deemed to be unlawful or contrary to the
provisions of this Code, or any other written law.
[Act No. 20 of 1965, s. 2.]
PART II – POWERS OF COURTS
4. Offences under Penal Code
Subject to this Code, an offence under the Penal Code (Cap. 63) may be tried
by the High Court, or by a subordinate court by which the offence is shown in the
fifth column of the First Schedule to this Code to be triable.
[Issue 1]
C44 - 18
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