Last Change:
01/30/2025
Criminal Procedure Code
Year: 1930
Type: Domestic law
Rights Category: Liberty & security of person
Description
The Criminal Procedure Code (Cap 75) outlines procedures for diversion and plea bargaining, providing alternatives to formal trial and detention.
Selected provisions
In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault or for any other offence of a personal or private nature not amounting to felony, and not aggravated in degree, on terms of payment of compensation or other terms approved by the court.
(1) All offences under the Penal Code (Cap. 63) shall be inquired into, tried and otherwise dealt with according to this Code.
(2) All offences under any other law shall be inquired into, tried and otherwise dealt with according to this Code, subject to any enactment for the time being in force regulating the manner or place of inquiring into, trying, or otherwise dealing
with those offences.
(3) Notwithstanding anything in this Code, the High Court may, subject to the provisions of any law for the time being in force, in exercising its criminal jurisdiction in respect of any matter or thing to which the procedure prescribed by this Code is inapplicable, exercise that jurisdiction according to the course of
procedure and practice observed by and before the High Court of Justice in England at the date of the coming into operation of this Code.
(4) Notwithstanding anything in this Code or any other written law, in relation to a person who is a member of the armed forces or police forces of another country lawfully present in Kenya as a consequence of an agreement between the government of that other country and the Government of Kenya, in which
agreement provision is made in respect of offences under the Penal Code or any other written law for the detention or punishment of that person or the inquiry into, trial or other disposal of those offences, nothing done or omitted in accordance with such a provision shall be or shall be deemed to be unlawful or contrary to the provisions of this Code, or any other written law