ADVOKS GLOBAL · KENYA
Prevention of Terrorism Act
33. Remand by court
Edition: 2025-06-20 · In force
33. Remand by court
(1)A police officer who detains a suspect may, where he has reasonable grounds to believe that the detention of the suspect beyond the period specified in section 32 is necessary—(a)produce the suspect before a Court; and(b)apply in writing to the Court for an extension of time for holding the suspect in custody.(2)In making an application under subsection (1), the police officer shall specify—(a)the nature of the offence for which the suspect has been arrested;(b)the general nature of the evidence on which the suspect has been arrested;(c)the inquiries that have been made by the police in relation to the offence and any further inquiries proposed to be made by the police; and(d)the reasons necessitating the continued holding of the suspect in custody,and shall be supported by an affidavit.(3)A Court shall not hear an application for extension of time under subsection (1)(b) unless the suspect has been served with a copy of the application.(4)In determining an application under subsection (1), the Court shall consider any objection that the suspect may have in relation to the application and may—(a)release the suspect unconditionally;(b)release the suspect subject to such conditions as the Court may impose to ensure that the suspect—(i)does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested;(ii)avails himself for the purpose of facilitating the conduct of investigations and the preparation of any report to be submitted to the Court dealing which the matter in respect of which the suspect stands accused; and(iii)appears at such a time and place as the Court may specify for the purpose of conducting preliminary proceedings or the trial or for the purpose of assisting the police with their inquiries; or(c)having regard to the circumstances specified under subsection (5), make an order for the remand of the suspect in custody.(5)In making an order for remand in custody under subsection (4)(c), the Court shall have due regard to the following factors—(a)there are compelling reasons for believing that the suspect shall not appear for trial, interfere with witnesses or the conduct of investigations, or commit an offence while on release;(b)it is necessary to keep the suspect in custody for the protection of the suspect or where the suspect is a minor, for the welfare of the suspect;(c)the suspect is serving a custodial sentence; or(d)the suspect, having been arrested in relation to the commission of an offence under this Act, has breached a condition for his release.(6)The Court may, for the purpose of ensuring the attendance of a suspect under subsection (4)(b)(ii) or (iii), require the suspect—(a)to execute a bond for such reasonable amount as the Court considers appropriate in the circumstances; and(b)to provide one or more suitable securities for the bond.(7)Where a Court makes an order for the remand of a suspect under subsection (4)(c), the period of remand shall not exceed thirty days.(8)A police officer who detains a suspect in respect of whom an order has been issued under subsection (4)(c) may, at any time before the expiry of the period of remand specified by the Court, apply to the Court for an extension of that period.(9)The Court shall not make an order for the extension of the time for remand under subsection (8) unless it is satisfied that having regard to the circumstances for which an order was issued under subsection (4)(c), it is necessary to grant the order.(10)Where the Court grants an extension under subsection (9), such period shall not, together with the period for which the suspect was first remanded in custody, exceed three hundred and sixty days.