[Rev. 2012]
Criminal Procedure Code
CAP. 75
28. Power to seize offensive weapons
The officer or other person making an arrest may take from the person arrested
any offensive weapons which he has about his person, and shall deliver all
weapons so taken to the court or officer before which or whom the officer or person
making the arrest is required by law to produce the person arrested.
Arrest without Warrant
29. Arrest by police officer without warrant
A police officer may, without an order from a magistrate and without a warrant,
arrest—
(a) any person whom he suspects upon reasonable grounds of having
committed a cognizable offence;
(b) any person who commits a breach of the peace in his presence;
(c) any person who obstructs a police officer while in the execution of his
duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession anything is found which may
reasonably be suspected to be stolen property or who may reasonably
be suspected of having committed an offence with reference to that
thing;
(e) any person whom he suspects upon reasonable grounds of being a
deserter from the armed forces;
(f) any person whom he finds in a highway, yard or other place during
the night and whom he suspects upon reasonable grounds of having
committed or being about to commit a felony;
(g) any person whom he finds in a street or public place during the hours
of darkness and whom he suspects upon reasonable grounds of being
there for an illegal or disorderly purpose, or who is unable to give a
satisfactory account of himself;
(h) any person whom he suspects upon reasonable grounds of having
been concerned in an act committed at a place out of Kenya which,
if committed in Kenya, would have been punishable as an offence,
and for which he is liable to be extradited under the Extradition
(Contiguous and Foreign Countries) Act (Cap. 76) or the Extradition
(Commonwealth Countries) Act (Cap. 77);
(i) any person having in his possession without lawful excuse, the burden
of proving which excuse shall lie on that person, any implement of
housebreaking;
(j) any released convict committing a breach of any provision prescribed
by section 344 or of any rule made thereunder;
(k) any person for whom he has reasonable cause to believe a warrant
of arrest has been issued.
[Act No. 5 of 1958, s. 2, Act No. 13 of 1967, First Sch., L.N. 124/1964.]
C44 - 23
[Issue 1]
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