[Rev. 2012] Criminal Procedure Code CAP. 75 (6) In the case of an inquiry relating to a missing person believed to be dead the magistrate shall at the termination of the inquiry report the case together with his findings to the Director of Public Prosecutions and shall make recommendations as to whether or not the period regarding the presumption of death provided for by section 118A of the Evidence Act (Cap. 80) should be reduced and if so what lesser period should, in the circumstances of the death, be substituted for the period of seven years. [L.N. 474/1963, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.] 388. Powers of Director of Public Prosecutions as to inquiries into cause of death (1) The Director of Public Prosecutions may at any time direct a magistrate to hold an inquiry, in accordance with section 387, into the cause of a particular death to which the provisions of that section apply and shall in the case of missing person believed to be dead give such directions as he deems fit. (2) When an inquiry has been terminated under section 387, and it appears to the Director of Public Prosecutions that further investigation is necessary, the Director of Public Prosecutions may direct the magistrate to reopen the inquiry and to make further investigation, and thereupon the magistrate shall have full power to reopen the inquiry and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquiry had not been terminated: Provided that the provisions of this subsection shall not apply to an inquiry at which a magistrate has recorded his opinion that the offence of murder or manslaughter has been committed by a person. (3) When giving any direction under this section, the Director of Public Prosecutions may also direct whether the body is to be disinterred and examined. (4) Upon receiving a report under section 387(6) the Director of Public Prosecutions shall after considering the recommendations of the magistrate direct him to make an order as to the period which should be recorded before the death is presumed and upon the expiration of such period the Registrar-General shall be empowered on the production to him by the proper officer entitled to apply for and receive a grant of representation under the Law of Succession Act (Cap. 160), of a court certified copy of the magistrate’s order, to issue to that person an appropriate certificate of death in accordance with the Births and Deaths Registration Act (Cap. 149). [Act No. 22 of 1959, s. 40, Act No. 11 of 1993, Sch., Act No. 12 of 2012, Sch.] DIRECTIONS IN THE NATURE OF HABEAS CORPUS 389. Power to issue directions of the nature of habeas corpus (1) The High Court may whenever it thinks fit direct— (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law; (b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty; C44 - 107 [Issue 1]