864
The Protection Against Domestic Violence Bill, 20 I J
the order in any respect, commits an offence and is liable to
a fine not exceeding one hundred thousand shillings, or to
imprisonment for a period not exceeding twelve months, or
to both.
Cap
75
Arrest for breach of
protectionordcr.
(2) An offence under this section shall be subject to
summary trial 'Jnder the Criminal Procedure Code.
26. (l) A Jolice officer may, without warrant, if he or
she believes ''n reasonable ground that any person has
committed an vffence under section 25, arrest and detain
·
the person.
(2) Without limiting the provisions of subsect~on (I),
in exercising the powers conferred by that subsection, a
poli~e officer shall take into account(a) the risk to the safety of the protected person or
property;
(b) the seriousness of the act that constitutes a breach;
and
(c) the time that has lapsed since the alleged breach
was committed.
PART III-MODE OF APPLICATION
Application by
victims of domestic
violence.
27. (1) Jurisdiction for any proceedings under this Act
shall be vested in the Resident Magistrates' Courts of the
first class.
(2) An application for a protection order shall be
lodged with the court and, where directed by the court
shall(a) be supported by the affidavit of any person who
can depone to matters which are relevant to the
application; and
(b) i:equire the police, a social worker, probation
officer, medical practitioner, children officer or
other appropriate person or authority to investigate
the acts or omissions of the domestic violence and
forward findings directly to court as soon as
possible.
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