ADVOKS GLOBAL · KENYA
Criminal Procedure Code
42A. Disclosure by prosecution
Edition: 2023-12-11 · In force
42A. Disclosure by prosecution
(1)Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused person has reasonable access to that evidence.(2)In proceedings under the Prevention of Terrorism Act (Cap. 59B), the Narcotic Drugs and Psychotropic Substances (Control) Ac (Cap. 245), the Prevention of Organized Crimes Act (Cap. 59), the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) and the Counter- Trafficking in Persons Act (Cap. 61), the prosecution may, with leave of court, not disclose certain evidence on which it intends to rely until immediately before the hearing—(a)if the evidence may facilitate the commission of other offences;(b)if it is not in the public interest to disclose such evidence;(c)where there are grounds to believe that disclosing such evidence might lead to an attempt being improperly made to persuade a witness to make a statement retracting his original statement, not to appear in court or otherwise to intimidate him.(3)Evidence shall be deemed to be in the public interest, if that evidence—(a)touches on matters of national security;touches on the identity of an informant where there are good reasons for believing that disclosure of the informant's identity may place the family of the informant in danger;(b)discloses the identity of a witness who might be in danger of assault or intimidation if his identity is known;(c)contains details which, if they became known, might facilitate the commission of other offences or alert someone not in custody that the person was a suspect;(d)discloses some unusual form of surveillance or method of detecting crime.(4)Disclosure of evidence to the Court and the accused person under this section shall be done in camera.PREVENTION OF OFFENCES
Security for Keeping the Peace and for Good Behaviour