[Rev. 2012]
Criminal Procedure Code
CAP. 75
Other Sentences
333. Warrant in case of sentence of imprisonment
(1) A warrant under the hand of the judge or magistrate by whom a person is
sentenced to imprisonment, ordering that the sentence shall be carried out in any
prison within Kenya, shall be issued by the sentencing judge or magistrate, and
shall be full authority to the officer in charge of the prison and to all other persons
for carrying into effect the sentence described in the warrant, not being a sentence
of death.
(2) Subject to the provisions of section 38 of the Penal Code (Cap. 63) every
sentence shall be deemed to commence from, and to include the whole of the day
of, the date on which it was pronounced, except where otherwise provided in this
Code.
Provided that where the person sentenced under subsection (1) has, prior to
such sentence, been held in custody, the sentence shall take account of the period
spent in custody.
[Act No. 7 of 2007, Sch.]
334. Warrant for levy of fine, etc.
(1) When a court orders money to be paid by an accused person or by a
prosecutor or complainant for fine, penalty, compensation, costs, expenses or
otherwise, the money may be levied on the movable and immovable property of
the person ordered to pay it by distress and sale under warrant; but if he shows
sufficient movable property to satisfy the order his immovable property shall not
be sold.
(2) The person may pay or tender to the officer having the execution of the
warrant the sum therein mentioned together with the amount of the expenses of
the distress up to the time of payment or tender, and thereupon the officer shall
cease to execute it.
(3) A warrant under this section may be executed within the local limits of
the jurisdiction of the court issuing it, and it shall authorize the distress and sale
of property belonging to the person without those limits when endorsed by a
magistrate holding a subordinate court of the first or second class within the local
limits of whose jurisdiction the property was found.
335. Objections to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest
in the whole or part of property attached in execution of a warrant issued under
section 334 may, at any time prior to the receipt by the court of the proceeds of sale
of that property, give notice in writing to the court of his objection to the attachment
of the property; and the notice shall set out shortly the nature of the claim which
the person (hereafter in this section referred to as the objector) makes to the whole
or part of the property attached, and shall certify the value of the property claimed
by him, and the value shall be deposed to upon affidavit, which shall be filed with
the notice.
(2) Upon receipt of a valid notice given under subsection (1), the court shall,
by an order in writing addressed to the officer having the execution of the warrant,
direct the stay of the execution proceedings.
C44 - 91
[Issue 1]
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