Criminal procedure kenya notes

  • What is criminal procedure in Kenya?

    In Kenya, the process of a criminal case is governed by the Criminal Procedure Code and is as follows: Step 1: Filing a Complaint.
    This is done at a police station and requires the complainant to make the complaint which will be recorded in an occurrence book..

  • What is Section 206 of the Criminal Procedure Code Kenya?

    “206 (1) if, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which made the order of adjournment, the court may, unless the accused person is charged with a felony, proceed with the hearing or further hearing as if the accused were present, .

  • The Investigation Process
    Private investigations in Kenya typically follow a specific process.
    The process involves four main stages: pre-investigation, information gathering, surveillance, and analysis and reporting.
The essentials of criminal proceedings are: To bring the accused within the power of the tribunal. A preliminary investigation to ensure the crime is one, which 

Can a magistrate enclose a warrant of arrest in Kenya?

The applicant moved to the High Court to challenge the legality of the search

In this case, the law applicable was the Extradition (contiguous and foreign countries)Act cap76 not the CPC

Under the provisions of this Act, a magistrate us allowed to enclose a warrant of arrest issued in another country issued for the arrest of a person in Kenya


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