Criminal Procedure Code

279. Plea of autrefois acquit and autrefois convict

Edition: 2023-12-11 · In force

279. Plea of autrefois acquit and autrefois convict

(1)An accused person against whom an information is filed may plead—

(a)that he has been previously convicted or acquitted of the same offence; or

(b)that he has obtained the President’s pardon for his offence.

(2)If either of those pleas are pleaded and denied to be true, the court shall try whether the plea is true or not.

(3)If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false, the accused shall be required to plead to the information.[Act No. 13 of 1967, 1st Sch.]

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Source: Kenya Law