CAP. 75
Criminal Procedure Code
(iii)
(iv)
(v)
(b)
(i)
(ii)
(c)
(i)
(ii)
(iii)
[Issue 1]
[Rev. 2012]
after the statement of the offence, particulars of the offence
shall be set out in ordinary language, in which the use of
technical terms shall not be necessary:
Provided that where any rule of law or any Act limits the
particulars of an offence which are required to be given in a
charge or information, nothing in this paragraph shall require
more particulars to be given than those so required;
the forms set out in the Second Schedule or forms conforming
thereto as nearly as may be shall be used in cases to which
they are applicable; and in other cases forms to the same effect
or conforming thereto as nearly as may be shall be used, the
statement of offence and the particulars of offence being varied
according to the circumstances of each case;
where a charge or information contains more than one count,
the counts shall be numbered consecutively;
Provisions as to statutory offences.—where an enactment
constituting an offence states the offence to be the doing of
or the omission to do any one of any different acts in the
alternative, or the doing of or the omission to do any act in
any one of any different capacities, or with any one of different
intentions, or states any part of the offence in the alternative,
the acts, omissions, capacities or intentions, or other matters
stated in the alternative in the enactment, may be stated in the
alternative in the count charging the offence;
it shall not be necessary, in a count charging an offence
constituted by an enactment, to negative any exception or
exemption from, or qualifications to, the operation of the
enactment creating the offence;
Description of property.—the description of property in a charge
or information shall be in ordinary language, and shall indicate
with reasonable clearness the property referred to, and, if the
property is so described, it shall not be necessary (except when
required for the purpose of describing an offence depending on
any special ownership of property or special value of property)
to name the person to whom the property belongs or the value
of the property;
where the property is vested in more than one person, and the
owners of the property are referred to in a charge or information,
it shall be sufficient to describe the property as owned by
one of those persons by name with the others, and, if the
persons owning the property are a body of persons with a
collective name, such as a joint stock company or “Inhabitants”,
“Trustees”, “Commissioners” or “Club” or other similar name,
it shall be sufficient to use the collective name without naming
any individual;
property belonging to or provided for the use of a public
establishment, service or department may be described as the
property of the Government, the Nairobi Area or a region as the
case may be;
C44 - 50
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents