Criminal Procedure Code

324. Motion in arrest of judgment

Edition: 2023-12-11 · In force

324. Motion in arrest of judgment

(1)The accused person may, at any time before sentence, whether on his plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state an offence which the court has power to try.

(2)The court may either hear and determine the matter during the same sitting, or adjourn the hearing thereof to a future time to be fixed for that purpose.

(3)If the court decides in favour of the accused, he shall be discharged from that information.

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Source: Kenya Law