CAP. 75
Criminal Procedure Code
[Rev. 2012]
30. Arrest of vagabonds, habitual robbers, etc.
An officer in charge of a police station may in the same manner arrest or cause
to be arrested—
(a) any person found taking precautions to conceal his presence within
the limits of the station under circumstances which afford reason to
believe that he is taking those precautions with a view to committing
a cognizable offence;
(b) Repealed by Act No. 5 of 2003, s.61;
(c) Repealed by Act No. 5 of 2003, s.61.
[Act No. 5 of 2003, s. 61.]
31. Procedure when police officer deputes subordinate to arrest without
warrant
When an officer in charge of a police station requires an officer subordinate to
him to arrest without a warrant (otherwise than in his presence) any person who
may lawfully be arrested without a warrant under section 30, he shall deliver to the
officer required to make the arrest an order in writing specifying the person to be
arrested and the offence or other cause for which the arrest is to be made.
32. Refusal to give name and residence
(1) When a person who in the presence of a police officer has committed or
has been accused of committing a non-cognizable offence refuses on the demand
of the officer to give his name and residence, or gives a name or residence which
the officer has reason to believe to be false, he may be arrested by the officer in
order that his name or residence may be ascertained.
(2) When the true name and residence of the person have been ascertained
he shall be released on his executing a bond, with or without sureties, to appear
before a magistrate if so required:
Provided that if the person is not resident in Kenya the bond shall be secured
by a surety or sureties resident in Kenya.
(3) Should the true name and residence of the person not be ascertained within
twenty-four hours from the time of arrest, or should he fail to execute the bond, or,
if so required, to furnish sufficient sureties, he shall forthwith be taken before the
nearest magistrate having jurisdiction.
33. Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary
delay and subject to the provisions of this Code as to bail, take or send the person
arrested before a magistrate having jurisdiction in the case or before an officer in
charge of a police station.
34. Arrest by private person
(1) A private person may arrest any person who in his view commits a
cognizable offence, or whom he reasonably suspects of having committed a felony.
[Issue 1]
C44 - 24
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