The Criminal Procedure Code (CPC) is a law that governs the procedures that must be followed in criminal cases in Kenya. It outlines the steps that must be taken from the time an individual is arrested to the time they are either acquitted or sentenced. The CPC provides guidance on how the police, the courts, and other actors in the criminal justice system should handle criminal cases.
Some of the key provisions of the Criminal Procedure Code in Kenya include:
1. Arrest: The CPC outlines the procedures that must be followed when arresting a suspect. For example, a police officer must inform the suspect of their right to remain silent and their right to legal counsel.
2. Bail: The CPC provides for bail for suspects who have been arrested, subject to certain conditions. Bail may be granted by a court or a police officer.
3.Investigation: The CPC outlines the procedures for investigating criminal offenses, including the powers of the police to search and seize evidence. The Code also provides for the appointment of a public prosecutor to represent the state in criminal proceedings.
3. Trial: The CPC sets out the procedures that must be followed during a criminal trial. This includes the right of the accused to a fair trial, the right to be represented by legal counsel, and the right to cross-examine witnesses. The Code also provides for the use of alternative dispute resolution mechanisms, such as plea bargaining and mediation, in certain cases.
5. Sentencing: The CPC provides guidelines for sentencing, including the factors that a court must consider when determining an appropriate sentence.
6. Appeals: The CPC allows for appeals against both conviction and sentence.
7. Evidence: The CPC outlines the rules of evidence that must be followed during a trial. This includes the admissibility of evidence and the burden of proof.
The Criminal Procedure Code is a crucial law in Kenya's criminal justice system as it ensures that the rights of the accused are protected and that criminal cases are handled in a fair and just manner.