2.

JURISDICTION AND HIERARCHY OF COURTS:

2.1 Definitions Jurisdiction- the right to use power of

an official body to make decisions on questions of law.
Hierarchy- this is a system by which members of an
organization are grouped and arranged per higher and
lower ranks.
2.2 Types of jurisdiction Geographical/ territorial- the
jurisdiction to hear and determine cases is defined by
law based on designated areas. Pecuniary/ monetary-
the jurisdiction to hear and determine cases is defined
by law based on designated financial value -levels.
Original- the jurisdiction of a court to hear the case the
first time
Inherent-the jurisdiction for a specific court to hear
specific types of cases
Appellate- the jurisdiction of a court to hear a case the
second time (on appeal)
1st instance- the jurisdiction of a court to hear the case
for the first time
2nd instance- the jurisdiction of a court to hear a case
the second time (on appeal)
Limited- jurisdiction is restricted to certain conditions
Unlimited- jurisdiction without conditions
Hierarchy of courts
Superior Courts
Supreme Court
Established by art 163 of the constitution; consists of
the CJ, deputy CJ and five other judges; properly
constituted for proceedings when it has five judges;
Jurisdiction
Exclusive original jurisdiction to hear and determine
presidential election disputes;
To hear and determine appeals from the court of
appeal & any other tribunal as prescribed by law;
It may give advisory opinions;
Appeals lie to it from the court of appeal in cases
involving interpretation of the constitution; In any case
where it certifies or the Court of Appeal certifies that a
matter of general importance is involved;

Court of appeal Jurisdiction;

art 164 of the constitution establishes court of appeal
as a superior court of record and has appellate
jurisdiction in criminal and civil cases from the high
court and any other tribunal as may be prescribed by
law.
The jurisdiction of the court of appeal is set out in the
appellate jurisdiction act section 3 (3)
Establishment;
minimum of 12 judges of the court of appeal; There
shall be a president of the Court of Appeal; who shall
be elected by the judges of the court from amongst
themselves;
Process; 3 judges of the court of appeal usually sit to
hear an appeal. The courts decisions are authoritative,
binding and citable as precedent by the high court and
magistrates’ courts.
High court of Kenya
Jurisdiction: art 165 of the constitution establishes the
high court, as a superior court of record. Its
jurisdiction consists of: -
Unlimited original jurisdiction in criminal and civil
cases;
appellate jurisdiction in civil and criminal cases;
To determine if the bill of rights has been infringed,
denied or threatened;
 The constitution vests the high court with the power
to interpret the constitution.
section 362 of the criminal procedure code provide for
revision of orders from the subordinate courts by the
high court;
Section 4 of the judicature act provides admiralty
jurisdiction in all matters arising on high seas,
territorial waters, lake and other navigable waters in
Kenya.
Establishment: there are 70 judges of the high court.
Divisions of the high court:
› Criminal division
›Civil division
› Judicial review and constitutional division
›Commercial and tax division
› Family division
Anti – corruption Court
International Crimes Division
Subordinate Courts
Magistrates courts.
The establishment of the magistrates’ courts is by the
constitution and the magistrates’ courts act cap 10.
Jurisdiction: article 169 of the constitution establishes
the subordinate courts. The magistrates’ courts have
limited original jurisdiction in both criminal and civil
cases. Broadly the jurisdiction is based on rank,
geographical and pecuniary considerations. The
magistrates’ court is subordinate to the high court and
is duly constituted when held by;
Chief magistrate;
Senior principal magistrate;
Principal magistrate;
Senior resident magistrate
Resident magistrate.
Criminal jurisdiction is conferred by the criminal
procedure code cap 63 or any other law.
Criminal cases: senior resident magistrate-chief
magistrate may adjudicate on felonies and may inflict
sentences prescribed in section 24 of the penal code.
These are: - Death; Imprisonment; Fine; Forfeiture;
Payment of compensation; Security to keep peace and
be of good behaviour; Any other punishment
prescribed by law.
Offences under the penal code may be tried by the
high court or subordinate court.
Offence and court are indicated in the fifth column of
1st schedule to the CPC.
In the magistrates’ courts, there are certain special
courts set out to enforce certain specific laws; these
are;
Traffic court; determines cases based on offences
under the Traffic Act; Children’s court; determines
welfare of the child in court proceedings under the
children and young person’s act; County courts under
the county governments; Anti- corruption court;
determine cases under the anti-corruption and ethics
act.
Courts- martial: The courts- martial are established
under article 169 (1) (c) of the constitution and operate
under the armed forces act. They are referred to as
tribunals but the judge/ advocate is the trial magistrate
from the magistrates’ courts appointed by the chief
justice to adjudicate the matter. They hear criminal
cases against members of the Kenya defence forces,
the army, navy and the air force.
Kadhis’ courts: The courts are established under article
169(1) (b) of the constitution and the Kadhis’ Court Act
for determination of civil cases regarding personal
status, marriage, divorce and inheritance issues under
the Muslim law.
Tribunals: The rent tribunal -rent restriction act The
business tribunal- business premises (shops and
catering establishments) act- The co-operative
tribunal-co-operatives act The national environment
tribunal- environmental management and
conservation act The public procurement, complaints,
appeals and review board- public procurement and
disposal act etc.

International Criminal Court

This is a permanent tribunal to prosecute individuals
for:- Genocide; Crimes against humanity; war crimes;
the crime of aggression; etc. The court came into
being on 1 July 2002, the date its founding treaty, the
Rome statute of the international criminal court, came
into force. It can only prosecute crimes committed on
or after that date. The official seat of the court is in The
Hague, Netherlands, but its proceedings may take
place anywhere. 114 states are members of the court.
The court can generally exercise jurisdiction only
where the accused is a national of a state party; or the
alleged crime took place in the territory of a state
party; or a situation is referred to the court by the
united nations security council. The court is designed
to complement existing national judicial systems. It can
exercise its jurisdiction only when national courts are
unwilling or unable to investigate or prosecute such
crimes. International Crimes Act 2008
JosephKimaniGathungu v Attorney General & 5 others
[2010] EKLR Ojwang J held that the ICC has jurisdiction
in Kenya. The ICC accordingly determines under
art.17(1) (a) and (b) of the statute. The initial questions
to ask are (1) whether there are ongoing investigations
or prosecutions, or (2) whether there have been
investigations in the past, and the state having
jurisdiction has decided not to prosecute the person
concerned.
ARREST
The law dictionary defines arrest as follows: - It is to
deprive a person of his liberty by legal authority
Seizure foran alleged or suspected offence or to
answer for a crime
- Placing of a person in custody or under restraint,
usually for compelling obedience to the law.
Arrest can, therefore, be defined as the restraint
imposed on a person’s personal liberty pursuant to a
written law or to orders of a competent authority for
the purposes preventing the commission of, or
charging that person with, an offence.
Case law suggests that the operative word in arrest is
restraint of civil liberty. In Hussein v Chang Fook Lord
Devlin stated that an arrest:
(i) Occurs when a police officer states in certain
terms that he is making an arrest; or
(ii) Occurs when an officer uses force to restrain
the individual concerned; or
(iii) Occurs when by words or conduct the officer
makes it clear that he will use force if necessary
 to restrain the individual from going where he
wants to go; but
(iv) Does not occur where he stops an individual to
make inquiries.
Arrest under the CPC
Under section 21, in making an arrest, the arresting
officer is required to actually touch or confine the body
of the person being arrested unless the person submits
to the custody either by word or conduct.

How the law controls the power of arrest

The CPC
If a person forcibly resists the attempt to arrest him, or
attempts to evade the arrest, the police officer or other
person may use all means necessary to effect the
arrest but no use is allowed of greater force than was
reasonable in the particular circumstance in which it
was employed or was necessary for the apprehension
of the offender. Section 24 provides that the arrested
person must not be subjected to more restraint than
necessary to prevent escape.
The Constitution
Section 2(1) of the National Police Service Act defines
arrest as the act of apprehending a person for
suspected commission of an offence or by the action of
legal authority. To arrest is to take away a person into
police custody after suspicion of having committed an
offence and to have the person answer to criminal
charges that he is suspected to have committed.
Arrest is a traumatizing experience for anyone and is
open to abuse hence the law has placed certain
safeguards on the process to ensure that the arrestor
does not abuse or subject the arrested to
dehumanizing treatment. The safeguards are anchored
in Article 49 of the Constitution.(list them).
The 5th schedule to the NPSA provides for arrest and
detention rules echoing protections set out under Art.
49, 50 and 51 of the Constitution and also provides
safeguards in relation to lockup facilities. The officer in
charge must also keep a register with details of the
arrested person(list them)
An officer who violates any of the Detention Rules is
guilty of a disciplinary offence and may be charged
with a criminal offence.
It is critical that the rights of an arrested person be
safeguarded in order that the criminal process be
vested with integrity. There are remedies that accrue
to a person is a victim of such violation.
How an arrest is conducted
An arrest is conducted by touching or confining the
body of the person to be arrested unless there is
submission to custody word or conduct.
If a person resists arrest, all means necessary may be
used to effect arrest. (This where there is controversy
due to extra judicial execution on claims of resisting
arrest when arrest is being affected)
S. 61(2) NPSA empowers a police officer to use force
and firearms in accordance with the rules on the use of
force and firearms contained in the 6th Schedule of the
statute. S. 21 CPC also allows the use of necessary
force.
There would be no justification for example for the use
of a firearm to enforce the arrest of a person who is
not dangerous or who is unarmed. The force used must
be proportional to the circumstances prevailing at the
time of arrest. The test must be that of a reasonable
man and the burden of proving that the force used was
proportional is on the prosecution.(Kimiti v Mwenda
and Another Civil Appeal 129 of 2004)

An arrest can be enforced either by a law enforcing

agent (such as police, immigration officer) or by a
private person( s. 34 CPC). No matter the arrester, the
power of arrest must be exercised reasonably within
the law.(M’Ibui v Dyer 1967 EA 315)

Police officers
Most arrests effected by police officers during their
duties are without warrants. Powers of police officers
in arrest, prevention of crime and investigations are
provided for by the CPC and other statutes. The
circumstances in which the police can make arrest
under various statutes are enumerated below under
the headings “arrest without warrant” and “arrest with
warrant”.
Magistrates
The CPC Section 38 empowers the magistrate to
personally arrest an offender or order any person to do
so when an offence is committed in his presence or his
jurisdiction. He may thereafter release the offender on
bail or commit him to custody.
Section 39 empowers a magistrate to arrest or direct
the arrest in his presence, within the local limits of his
jurisdiction, of any person for whose arrest he is
competent at the time and in the circumstances to
issue a warrant.
Section 42 provides that every person is bound to
assist a magistrate or police officer reasonably
demanding his aid in the taking or preventing the
escape of another person whom the magistrate or
police officer is authorized to arrest and in the
prevention or suppression of a breach of the peace, or
in the prevention of injury attempted to be committed
to any railway, canal, telegraph or public property. It
was stated in the case of SaidiBakariKionywaki v.
Republic [1968] E.A. 195(T) that in effecting an arrest, a
magistrate acts as a judicial officer and not in an
administrative capacity and cannot be subject to civil
and criminal proceedings.
Private persons under the CPC
Section 34(1) grants a general power to arrest anyone
who in his view commits a cognizable offence or who
he suspects of committing a felony. The term felony is
described by the Penal Code “an offence which is
declared by law to be a felony or, if not declared to be
a misdemeanour, is punishable, without proof of
previous conviction, withdeath, or with imprisonment
for three years or more.” (s.4 Penal Code)

This enables members of the public to arrest someone.

Section 34(2) allows property owners and their
servants or agents to arrest without warrant any
person who commits any offences of damage or injury
to property.
Under section 35(1), a person arrested by private
person(s) without a warrant should be handed over to
the police without delay. The police, depending on the
circumstances, should re-arrest him or set him free.
Under section 38, a magistrate may order any [private]
person to make an arrest.
Private persons should use reasonable force just like
police where the person to be arrested resists. Use of
excessive force may lead to prosecution for assault and
unlawful confinement. In Uganda v. Muherwa [1972]
E.R. 466, a private person who used a weapon to
incapacitate the deceased suspected to be a thief in
the process of which he died was prosecuted and
convicted of manslaughter. Muherwa being out to
arrest the deceased for stealing his beans, cut him with
a ‘panga’ on his thigh causing the deceased to bleed to
death. He was charged for manslaughter. In his
judgment, the judge stated that although it was lawful
to effect a private arrest, one exceeding this power, in
fact, does an unlawful act, and on the facts, the court
found the accused guilty of manslaughter.
In Beard and Another v R, the appellants (two private
persons) who had arrested the complainant, tied him
and assaulted him, although he made no attempt to
escape, were prosecuted for and convicted of assault
and unlawful confinement as they used unreasonable
and unnecessary force.
Chiefs
Section 8(2) of the Chiefs ’Authority Act (Cap. 128)
provides that any chief or assistant chief knowing of a
design by any person to commit an offence within the
local limits of his jurisdiction may, if it appears to him
that the commission of the offence cannot be
otherwise prevented, arrest or direct the arrest of such
person who, without delay, should be taken to the
nearest police station. In Lamabutu v R the court
recognized chiefs, assistant chiefs, PCs and DCs as
police officers. s
Officers of the national assembly
The National Assembly (Powers and Privileges) Act
(Cap. 6) under section 30 bestows upon every officer of
the assembly (defined to include any officer of the
assembly, any person acting within the precincts of the
assembly under the orders of the speaker and any
police officer on duty within the precincts of the
assembly), for the purposes of the act and of the
application of the provisions of the criminal law, all the
powers and privileges of a police officer.
Anti-corruption officers
The Anti-Corruption and Economic Crimes Act 2003
under section 23(3) bestows upon the Director [of the
Kenya Anti-Corruption Commission] and an
investigator the powers privileges and immunities of a
police officer.
Section 32 empowers the director and an investigator
to arrest any person and charge them with an offence,
and to detain them for the purpose of an investigation,
to the like extent as a police officer.

Pilots
Article 6 of the Convention on Offences and Certain
Other Acts Committed on Board an Aircraft, 1963
provides that the aircraft commander may, when he
has reasonable grounds to believe that a person has
committed, or is about to commit, on board the
aircraft, an offence…, impose upon such person
reasonable measures including restraint which are
necessary. The Nutgate case involving the Vice
President of Korean Air Heather Cho who while the
plane was taxiing at JFK Airport for take-off, was
enraged that the flight attendant had served her nuts
in a bag instead of a plate and so she ordered the plane
to taxi back to the airports gate. While questioning the
cabin crew chief about the standard procedure of
serving nuts, they got into a heated exchange (she
allegedly demanded that the man kneel before her and
beg for forgiveness!) and she assaulted the man and
ordered him off the plane causing a delay of 20
minutes. There was a public outcry she was forced to
resign one of her several executive positions at Korean
Air. She was subsequently charged with changing the
course of a flight and was convicted and sentenced to
serve 12 months in prison for a charge that carried a
maximum sentence of 10 years
Captains
Article 8 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime
Navigation, 1988 provides that the master of a ship of
a state party (the “flag state”) may deliver to the
authorities of any other state party (the “receiving
state”) any person who he has reasonable grounds to
believe has committed one of the offences set forth in
article 3 which include any act of violence against a
person on board a ship.
Modes of arrest
Arrest without warrant
Section 58 of the NPSA2014 and Section 29 of the CPC,
provide the power to arrest without a warrant. These
sections combined, cover numerous situations and it is
arguable that almost all common offences are arrest
able without warrant. An officer may thus without
warrant, arrest one who is accused by another person
of committing an aggravated assault in any case in
which the police officer believes upon reasonable
ground that such assault has been committed; one
who obstructs a police officer while in the execution of
duty, or who has escaped or attempts to escape from
lawful custody; onecommitted or being about to
commit a felony; any person whom he finds in a street
or public place during the hours of darkness and whom
he suspects upon reasonable grounds of being there
for an illegal or disorderly purpose, or who is unable to
give a satisfactory account of himself; any person
whom he suspects upon reasonable grounds of having
been concerned in an act committed at a place out of
Kenya which, if committed in Kenya, would have been
punishable as an offence, and for which he is liable to
be extradited under the Extradition (Contiguous and
Foreign Countries) Act (Cap 76) or the Extradition
(Commonwealth Countries) Act (Cap 77); any person
having in his possession without lawful excuse, the
burden of proving which excuse shall lie on that
person,any implement of housebreaking; or any
released convict committing a breach of any provision
prescribed by section 344 or of any rule made
thereunder. The first schedule to the CPC outlines
offences under the Penal Code and specifies those
which the police can arrest without a warrant and
those where he would need a warrant.

Warrant of Arrest
What is a warrant of arrest?
A warrant of arrest may be defined as: x A legal
document that authorises an arrest to take place. x A
written document by a judge or magistrate for the
arrest of a person.
Under the CPC
Under section 29, 30 and 32, a police officer may,
without an order from a magistrate and without a
warrant, arrest any person: (a) Whom he suspects
upon reasonable grounds of having committed a
cognizable offence (“cognizable offence” is defined
under section 2 of the CPC as “an offence for which a
police officer may, in accordance with the first
schedule or under any law for the time being in force,
arrest without warrant)
The First Schedule to the CPC lists the following as the
offences in respect of which an arrest may be effected
without a warrant: aiding, abetting, counseling or
procuring the commission of an offence, treason,
misprision of treason, treasonable felony, treachery,
promoting warlike undertakings, dissuasion from
enlistment, inciting to mutiny, aiding prisoner of war to
escape, printing, etc., prohibited publications, sedition,
possessing seditious publication, using or attempting to
use printing machine which has been confiscated,
printing or publishing newspaper in contravention of
order, presence at and consent to administration of, or
taking, oath to commit capital offence, administration
of unlawful oaths to commit capital offence,
administering or taking unlawful oaths to commit other
offences, compelling another person to take an oath
and piracy.
(b) Who commits a breach of the peace in his
presence;
(c) Who obstructs a police officer while in the
execution of his duty, or who has escaped or attempts
to escape from lawful custody;
 (d) In whose possession, anything is found which may
reasonably be suspected to be stolen property or who
may reasonably be suspected of having committed an
offence with reference to that thing;(In the case of
Wagachira v R (1957) EA 808, where the interpretation
of s 26 of the CPC was also considered, the appellant
Wagachira who was pushing a bicycle was stopped by
the policeman on the suspicion that the bicycle was
stolen. On being stopped, the policeman checked the
number on the bicycle and found that it had been
altered. The appellant produced a receipt to show that
the bicycle was his but the receipt was later found to
be a forgery. He was charged with the offence of
conveying suspected stolen property, forgery of a cash
sale receipt, uttering a false document and corruption
for he had offered to bribe the police officer. On
appeal, he contended that his arrest was unlawful
because for the police officer to have properly
exercised his powers under s. 26, he should not just
stop, but must also search and detain the person
suspected and that reasonable grounds for suspicion
must also exist at the time that the person is stopped.
It was held that it is not necessary for the police officer
to go through every stage of stopping, searching and
detaining and that s.26 applies even if the grounds for
reasonable suspicion have not appeared until after the
person has stopped, for some other reason. The appeal
was dismissed.
(e) Whom he suspects upon reasonable grounds of
being a deserter from the armed forces;
(f) Whom he finds in a highway, yard or other place
during the night and whom he suspects upon
reasonable grounds of having committed or being
about to commit a felony;
(g) Whom he finds in a street or public place during
the hours of darkness and whom he suspects upon
reasonable grounds of being there for an illegal or
disorderly purpose, or who is unable to give a
satisfactory account of himself;
(h) Whom he suspects upon reasonable grounds of
having been concerned in an act committed at a place
out of Kenya which, if committed in Kenya, would have
been punishable as an offence, and for which he is
liable to be extradited under the extradition
(contiguous and foreign countries) act or the
extradition (commonwealth countries) act;
(i) Having in his possession without lawful excuse, any
implement of housebreaking;
(j) Being a released convict committing a breach of any
provision prescribed by section 344 or of any rule
made thereunder;
(k) For whom he has reasonable cause to believe a
warrant of arrest has been issued;
(l) (Section 30) found taking precautions to conceal his
presence within the limits of the station under
circumstances which afford reason to believe that he is
taking those precautions with a view to committing a
cognizable offence.
(m) (section 32) who in the presence of a police officer
has committed or has been accused of committing a
non-cognizable (“non-cognizable offence” means an
offence for which a police officer may not arrest
without warrant) offence refuses on the demand of the
officer to give his name and residence, or gives a name
or residence which the officer has reason to believe to
be false.

Section 33 of the CPC requires that a person arrested

without a warrant be taken to a magistrate or person
in charge of police station as soon as possible and
thereafter to court. Section 73(3) of the old
constitution provided that the arrested person who is
not released should be brought to the court as soon as
is reasonable practicable. At any rate within 24 hours
of his arrest in cases of offences other than those
punishable by death e.g. Burglary, theft and within 14
days of arrest for capital offences.

Under section 25(2), any person who fails to produce a

licence on being required to do so by any police officer
in uniform, and any police officer not in uniform who
produceshis certificate of appointment, may be
arrested without a warrant if seen doing any act or
thing; or in possession of anything or is suspected of
doing any act or thing or of being in possession of
anything for which a licence is required under any
written law.
Under section 34, any gazetted officer or inspector may
arrest without warrant, or order the arrest without
warrant of, any police officer (not being a police officer
of a higher rank) who is accused of any offence against
discipline, and any police officer may, on receipt of any
such order, apprehend such police officer without a
warrant, and shall forthwith bring him before a
gazetted police officer or an inspector, who may
confine such police officer in any building set apart as a
guard room or cell.
Under section 41(2), upon reasonable suspicion that
any person has deserted from the police force (i.e.
absents himself from duty without leave or just cause
for a period exceeding twenty-one days), any police
officer may arrest him without warrant.
Under section 60(2), any police officer may arrest
without a warrant any person who, within his view, in
any police building, police office, lock-up or cell
behaves in a riotous, indecent, disorderly, or insulting
manner.
Under Section 27 of the NPCA that deals with
administration police, an [police] officer may arrest
without warrant a person who fails to obey a
reasonable signal given by an officer in uniform
requiring him to stop any vehicle or vessel, a person
who fails to produce a licence, permit, certificate or
pass when called upon by an officer so to do may be
arrested without a warrant a person whom he suspects
on reasonable grounds of having committed a
cognizable offence; (b) Who commits a breach of the
peace in his presence; (c) Who obstructs an officer
while in the execution of his duty or who has escaped
or attempts to escape from lawful custody; (d) In
whose possession is found anything which may
reasonably be suspected to be stolen property or who
may reasonably be suspected of having committed an
offence with reference to that thing; (e) Whom he
suspects upon reasonable grounds of being a deserter
from the armed forces or the national youth service;
(f) Whom he finds in any highway, yard or other place
during the night and whom he suspects upon
reasonable grounds of having committed or being
about to commit a felony; (g) Having in his possession
without lawful excuse the burden of proving which
excuse shall lie on the person, any implement of
housebreaking; (h) For whom he has reasonable cause
to believe a warrant of arrest has been issued.
Arrest with warrant
Under the CPC
Mainly required for minor offences and
misdemeanours (less than 3 years). Warrants of arrest
are issued to secure attendance of person in court. This
procedure of securing attendance is applied mainly in
cases where the proceedings are commenced by first
laying a charge in court. As an alternative to an arrest
warrant, the prosecution can apply for summons to
issue against the accused person. Under section 90
with respect to private prosecutions upon receiving a
complaint filed by private prosecutors, the courts may
either issue summons to accused or warrant to compel
attendance in court. The proviso to section 90 states
that a warrant is issued unless a complaint is made by
private prosecutor. Under section 100 a warrant of
arrest may be issued to a person served with a
summons to appear in court. Under section 101
warrants of arrest are issued where the accused
disobeys summons.
Under section 102 warrants of arrest must be in
written form signed by the magistrate and it must bear
the seal of the court. It must briefly state the charge
against the suspect and describe the suspects details
so that the poison receiving the warrant knows the
offence charged. A warrant of arrest is directed to a
person (usually high-ranking police officer) ordering
him to arrest the person in respect of whom it is issued
and bring them to court. Warrant of arrest remains in
force until either execution or cancellation by the
courts is issued.
In King‟ori s/o Kiranditu v R, it was stated that any
person or police officer to whom a of warrant is issued
is bound to execute it and like the court which issues
the warrant, he is protected by judicial immunity.
Under section 103, the court issuing a warrant may
direct security to be taken in respect of an offence
other than murder, treason, rape in which case the
officer such release such person in court if the warrant
allows for the release of the person on bond. The
warrant of arrest may be directed to a land owner,
manager and farmer of land. Warrant issued to such
persons is to allow them to arrest any person who
enters their land. On arrest, they should hand over the
accused to the nearest police officer.
By virtue of section 107 the person effecting arrests
should notify the substance of the warrant to the
suspect and if he is required by the suspect and show
him the warrant. Section 22 imposes duty on an
occupant of premises or any person in charge of
premises to afford all reasonable facilities of arrest i.e.
to allow the person to enter premises discharging a
warrant arrest, i.e. to allow the person to enter
promises to effect an arrest if there is a reasonable
suspicion that the suspect is in those premises. The
facilities should also be provided to such persons to
enable them to search the premises. Where access is
not allowed, the officers may break in even without a
warrant.
Under section 22(2) women in occupation of premises
who are not suspects and who by custom do not
appear in public should be given reasonable facilities to
withdraw (Muslim women). Section 23 allows arresting
persons to break out of the premises to liberate
themselves.
Apart from the police, the court of law and private
persons, other tribunals discharging functions of a
judicial nature have powers to issue warrants of arrest.
For example, the Rent Tribunal, Judicial Commission of
Inquiry.
of arrest. 3.6.2.3 Under the Civil Procedure Act (Cap.
21)
Under section 24, the court may issue a warrant for
the arrest of any person to whom a summons has been
issued to give evidence or to produce documents or
other material objects in order to compel the
attendance of any such person.
Under section 38(d), the court may, on the application
of the decree-holder, order execution of the decree by
arrest and detention in prison of any person. Under
section 40(1), a judgment-debtor may be arrested in
execution of a decree at any hour and on any day.
THE END