Criminal Procedure Code

90. Issue of summons or warrant

Edition: 2023-12-11 · In force

90. Issue of summons or warrant

(1)Upon receiving a complaint and having signed the charge in accordance with section 89, the magistrate may issue either a summons or a warrant to compel the attendance of the accused person before a subordinate court having jurisdiction to try the offence alleged to have been committed:Provided that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.

(2)The validity of proceedings taken in pursuance of a complaint or charge shall not be affected either by a defect in the complaint or charge or by the fact that a summons or warrant was issued without a complaint or charge.

(3)A summons or warrant may be issued on any day of the week including Sunday.[Act No. 13 of 1982, 1st Sch, Act No. 19 of 2023, Sch.]

PROCESSES TO COMPEL THE APPEARANCE OF ACCUSED PERSONS

Summons

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Source: Kenya Law