ADVOKS GLOBAL · KENYA
Criminal Procedure Code
152. Refractory witnesses
Edition: 2023-12-11 · In force
152. Refractory witnesses
(1)Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence—(a)refuses to be sworn; or(b)having been sworn, refuses to answer any question put to him; or(c)refuses or neglects to produce any document or thing which he is required to produce; or(d)refuses to sign his deposition, without offering sufficient excuse for his refusal or neglect, the court may adjourn the case for any period not exceeding eight days, and may in the meantime commit that person to prison, unless he sooner consents to do what is required of him.(2)If the person, upon being brought before the court at or before the adjourned hearing, again refuses to do what is required of him, the court may again adjourn the case and commit him for the same period, and so again from time to time until the person consents to do what is so required of him.(3)Nothing contained in this section shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of him, or shall prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken before it.