• Text size  | | |
• Email this document
• Printable version

Kenya: Information regarding the Kenyan criminal code of the year 2000; content of section 46 of the criminal procedure code, chapter 75; information on treatment of persons charged under this section

No information on the Kenyan criminal code of the year 2000 could be found among the sources consulted by the Research Directorate. According to The Nation, the Attorney-General's office had proposed the Criminal Law Amendment Bill 2000 (The Nation 2 July 2001), which included reforms in trial processing to eliminate backlog (ibid. 20 Sep. 2001), the eradication of torture and human rights violations by government officials (ibid. 8 Feb. 2001), the banning of corporal punishment and the elimination of confessions by suspects as evidence in court (ibid. 2 Nov. 2000). No information of a section 46 or chapter 75 of this Bill could be found among the sources consulted by the Research Directorate. As of 20 September 2001, the Criminal Law Amendment Bill 2000 was scheduled to be debated in October of this year (ibid. 20 September 2001).

Chapter 75 of the Criminal Procedure Code deals with issues "involving arrests of suspects, searches, the place(s) of trial, institution of proceedings and drawing the necessary documents, provisions as to bail" (International Environmental Law Research Centre n.d., 36). Please find attached a copy of section 46 of chapter 75 of the Criminal Procedure Code, which deals with the powers of a magistrate to require bond for persons deemed habitual offenders (Criminal Procedure Code or chapter 75 section 46 1968).

The Penal Code, also known as Chapter 63, also has provisions under a section 46, which deals with "any person who wilfully dissuades or attempts to dissuade any other person from entering the disciplined forces or the police force ... " (Penal Code or chapter 63 section 46, 1970). Please also find attached a copy of section 46 of the Penal Code.

No information on the treatment or risk to livelihood of any persons charged under any section of either section 46 of the Criminal Procedure Code or section 46 of the Penal Code could be found among sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

The Nation. 20 September 2001. "Chief Justice Appeals for Aid to Expand Court" <http://allafrica.com/stories/200109190489.html> [Accessed 26 October 2001]

_____. 2 July 2001. "Punishment for Spread of HIV Supported" <http://allafrica.com/stories/200107020080.html> [Accessed 25 October 2001]

_____. 2 November 2001. "Council On Crime to Be Set Up" <http://allafrica.com/stories/200011020097.html> [Accessed 25 October 2001]

International Environmental Law Research Centre. n.d. "Violence Against Women in Kenya: An Analysis of Law, Policy and Institutions" <http://www.ielrc.org/Content/W00011T.html> [Accessed 23 October 2001]

Kenya. 1968. Criminal Procedure Code - Chapter 75. section 46. Government Printer. Nairobi.

Kenya. 1970. Penal Code - Chapter 63. section 46. Government Printer. Nairobi.

Attachments

Kenya. 1968. Criminal Procedure Code - Chapter 75. section 46. Government Printer. Nairobi.

Kenya. 1970. Penal Code - Chapter 63. section 46. Government Printer. Nairobi.

Additional Sources Consulted

Africa Confidential 2000-2001.

Africa Research Bulletin 2000-2001.

Country Reports. 2001.

IRB Databases.

LEXIS/NEXIS.

Unsuccessful attempts at obtaining information from two oral sources.

World News Connection

Internet sites including:

AllAfrica

Government of Kenya.

Kenya Law.

Law Africa.

Law Library of Congress.

Search engines including:

MetaCrawler

Google.

Lycos.