ADVOKS GLOBAL · KENYA
Criminal Procedure Code
77. Court to be open
Edition: 2023-12-11 · In force
77. Court to be open
(1)Subject to subsection (2), the place in which a criminal court is held for the purpose of trying an offence shall be deemed an open court to which the public generally may have access, so far as it can conveniently contain them:Provided that the presiding judge or magistrate may order at any stage of the trial of any particular case that the public generally or any particular person shall not have access to or remain in the room or building used by the court.(2)Notwithstanding the provisions of subsection (1), the proceedings in the trial of any case under sections 140, 141, 145, 166 and 167 of the Penal Code (Cap. 63) shall be held in private and no person shall, in relation to such trial, publish or cause to be published by any means—(a)any particulars calculated to lead to the identification of the victim; or(b)any picture of the victim.(3)A person who contravenes the provisions of subsection (2) commits an offence and is liable on conviction—(a)in the case of an individual, to a fine not exceeding one hundred thousand shillings; and(b)in the case of a body corporate, to a fine not exceeding five hundred thousand shillings.