[Rev. 2012]
Criminal Procedure Code
CAP. 75
detaining the person in custody, the magistrate may, after recording his reasons,
issue a warrant for his arrest (if he is not already in custody or before the court),
and may send him before a magistrate empowered to deal with the case, with a
copy of his reasons.
(4) A magistrate before whom a person is sent under this section may detain
that person in custody until the completion of the inquiry hereinafter prescribed.
[Act No. 22 of 1959, s. 7.]
44. Security for good behaviour from persons disseminating seditious
matter
Whenever a magistrate empowered to hold a subordinate court of the first class
is informed on oath that there is within the limits of his jurisdiction a person who,
within or without those limits, either orally or in writing or in any other manner,
disseminates, or attempts to disseminate, or has recently disseminated, or in
anyway abets the dissemination of—
(a) Repealed by Act No. 5 of 2003, s. 62;
(b) matter which is likely to be dangerous to peace and good order within
Kenya or is likely to lead to the commission of an offence; or
(c) matter concerning a judge which amounts to libel under the Penal
Code,
the magistrate may, in the manner provided in this Code, require that person to
show cause why he should not be ordered to execute a bond, with or without
sureties, for his good behaviour for such period, not exceeding one year, as the
magistrate thinks fit.
[Act No. 33 of 1958, s. 2, Act No. 5 of 2003, s. 62.]
45. Security for good behaviour from suspected persons
Whenever a magistrate empowered to hold a subordinate court of the first class
is informed on oath that a person is taking precautions to conceal his presence
within the local limits of the magistrate’s jurisdiction, and that there is reason to
believe that the person is taking those precautions with a view to committing
an offence, the magistrate may, in the manner hereinafter provided, require that
person to show cause why he should not be ordered to execute a bond, with
sureties, for his good behaviour for such period, not exceeding one year, as the
magistrate thinks fit.
46. Security for good behaviour from habitual offenders
Whenever a magistrate empowered to hold a subordinate court of the first class
is informed on oath that a person within the local limits of his jurisdiction—
(a) is by habit a robber, housebreaker or thief; or
(b) is by habit a receiver of stolen property, knowing it to have been stolen;
or
(c) habitually protects or harbours thieves, or aids in the concealment or
disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets in the
commission of, an offence punishable under Chapter XXX, Chapter
XXXIII or Chapter XXXVI of the Penal Code; or
C44 - 27
[Issue 1]
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