CAP. 75
Criminal Procedure Code
[Rev. 2012]
329F. Rules of court
The Chief Justice may make any rules of court necessary or expedient to be
made for carrying this Part into effect.
[Act No. 5 of 2003, s. 88.]
PART X – SENTENCES AND THEIR EXECUTION SENTENCE OF DEATH
330. Accused to be informed of right to appeal
When an accused person is sentenced to death, the court shall inform him of
the time within which, if he wishes to appeal, his appeal should be preferred.
331. Authority for detention
A certificate under the hand of the Registrar or other officer of the court that
sentence of death has been passed, and naming the person condemned, shall be
sufficient authority for the detention of that person.
332. Record and report to be sent to President
(1) As soon as conveniently may be after sentence of death has been
pronounced, if no appeal from the sentence is confirmed, then as soon as
conveniently may be after confirmation, the presiding judge shall forward to the
President a copy of the notes of evidence taken on the trial, with a report in writing
signed by him containing any recommendation or observations on the case he may
think fit to make.
(2) The President, after considering the report, shall communicate to the judge,
or his successor in office, the terms of any decision to which he may come thereon,
and the judge shall cause the tenor and substance thereof to be entered in the
records of the court.
(3) The President shall issue a death warrant, or an order for the sentence of
death to be commuted, or a pardon, under his hand and the Public Seal of Kenya
to give effect to the decision, and—
(a) if the sentence of death is to be carried out, the warrant shall state
the place where and the time when execution is to be had, and shall
give directions as to the place of burial or cremation of the body of
the person executed;
(b) if the sentence is commuted for any other punishment, the order shall
specify that punishment;
(c) if the person sentenced is pardoned, the pardon shall state whether
it is free, or to what conditions (if any) it is subject:
Provided that the President’s warrant may direct that the execution shall take
place at such time and at such place and that the body of the person executed
shall be buried or cremated at such place as shall be appointed by some officer
specified in the warrant.
(4) The warrant, or order, or pardon, of the President shall be sufficient authority
in law to all persons to whom it is directed to execute the sentence of death or other
punishment awarded, and to carry out the directions therein given in accordance
with the terms thereof.
[Act No. 36 of 1962, Sch., L.N. 182/1958, L.N. 124/1964.]
[Issue 1]
C44 - 90
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