CAP. 75
Criminal Procedure Code
[Rev. 2012]
75. Offence committed on a journey
An offence committed whilst the offender is in the course of performing a journey
or voyage may be tried by a court through or into the local limits of whose jurisdiction
the offender or the person against whom or the thing in respect of which the offence
was committed passed in the course of that journey or voyage.
[Act No. 13 of 1982, First Sch.]
76. High Court to decide in cases of doubt
(1) Whenever a doubt arises as to the court by which an offence should be
tried, the court entertaining the doubt may report the circumstances to the High
Court, and the High Court shall decide by which court the offence shall be inquired
into or tried.
(2) Any such decision of the High Court shall be final and conclusive, except
that it shall be open to an accused person to show that no court in Kenya has
jurisdiction in the case.
[Act No. 13 of 1982, First Sch.]
77. Court to be open
(1) Subject to subsection (2), the place in which a criminal court is held for the
purpose of trying an offence shall be deemed an open court to which the public
generally may have access, so far as it can conveniently contain them:
Provided that the presiding judge or magistrate may order at any stage of the
trial of any particular case that the public generally or any particular person shall
not have access to or remain in the room or building used by the court.
(2) Notwithstanding the provisions of subsection (1), the proceedings in the trial
of any case under sections 140, 141, 145, 166 and 167 of the Penal Code (Cap.
63) shall be held in private and no person shall, in relation to such trial, publish or
cause to be published by any means—
(a) any particulars calculated to lead to the identification of the victim; or
(b) any picture of the victim.
(3) A person who contravenes the provisions of subsection (2) commits an
offence and is liable on conviction—
(a) in the case of an individual, to a fine not exceeding one hundred
thousand shillings; and
(b) in the case of a body corporate, to a fine not exceeding five hundred
thousand shillings.
[Act No. 13 of 1982, First Sch., Act No. 5 of 2003, s. 64.]
77A. Repealed by Act No. 5 of 2003, s. 65.
Transfer of Cases
78. Transfer of case where offence committed outside jurisdiction
(1) If upon the hearing of a complaint it appears that the cause of complaint
arose outside the limits of the jurisdiction of the court before which the complaint
has been brought, the court may, on being satisfied that it has no jurisdiction,
direct the case to be transferred to the court having jurisdiction where the cause
of complaint arose.
[Issue 1]
C44 - 34
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