Constitution of Kenya (Repealed) - Kenya Law Reports

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62 Constitution of Kenya[Rev. 2009(a) that is reasonably required in the interests of defence, publicsafety, public order, public morality, public health, townand country planning, the development and utilization ofmineral resources, or the development or utilization of anyother property in such a manner as to promote the publicbenefit;(b) that is reasonably required for the purpose of promoting therights or freedoms of other persons;(c) that authorizes an officer or agent of the Government ofKenya, or of a local government authority, or of a bodycorporate established by law for public purposes, to enter onthe premises of a person in order to inspect those premisesor anything thereon for the purpose of a tax, rate or dueor in order to carry out work connected with propertythat is lawfully on those premises and that belongs to thatGovernment, authority or body corporate, as the case maybe; or(d) that authorizes, for the purpose of enforcing the judgment ororder of a court in civil proceedings, the entry upon premisesby order of a court,and except so far as that provision or, as the case may be, anything doneunder the authority thereof is shown not to be reasonably justifiable ina democratic society.Provisions to secureprotection of law.77. (1) If a person is charged with a criminal offence, then, unlessthe charge is withdrawn, the case shall be afforded a fair hearing withina reasonable time by an independent and impartial court establishedby law.(2) Every person who is charged with a criminal offence -(a) shall be presumed to be innocent until he is proved or haspleaded guilty;(b) shall be informed as soon as reasonably practicable, in alanguage that he understands and in detail, of the nature ofthe offence with which he is charged;(c) shall be given adequate time and facilities for the preparationof his defence;(d) shall be permitted to defend himself before the court in
Rev. 2009]Constitution of Kenya 63person or by a legal representative of his own choice;(e) shall be afforded facilities to examine in person or by hislegal representative the witnesses called by the prosecutionbefore the court and to obtain the attendance and carry out theexamination of witnesses to testify on his behalf before thecourt on the same conditions as those applying to witnessescalled by the prosecution; and(f) shall be permitted to have without payment the assistanceof an interpreter if he cannot understand the language usedat the trial of the charge,and except with his own consent the trial shall not take place in hisabsence unless he so conducts himself as to render the continuance ofthe proceedings in his presence impracticable and the court has orderedhim to be removed and the trial to proceed in his absence.(3) When a person is tried for a criminal offence, the accusedperson or a person authorized by him in that behalf shall, if he so requiresand subject to payment of such reasonable fee as may be prescribed bylaw, be given within a reasonable time after judgment a copy for theuse of the accused person of any record of the proceedings made by oron behalf of the court.(4) No person shall be held to be guilty of a criminal offenceon account of an act or omission that did not, at the time it took place,constitute such an offence, and no penalty shall be imposed for a criminaloffence that is severer in degree or description than the maximumpenalty that might have been imposed for that offence at the time whenit was committed.(5) No person who shows that he has been tried by a competentcourt for a criminal offence and either convicted or acquitted shall againbe tried for that offence or for any other criminal offence of which hecould have been convicted at the trial of that offence, save upon theorder of a superior court in the course of appeal or review proceedingsrelating to the conviction or acquittal.(6) No person shall be tried for a criminal offence if he showsthat he has been pardoned for that offence.(7) No person who is tried for a criminal offence shall becompelled to give evidence at the trial.(8) No person shall be convicted of a criminal offence unless thatoffence is defined, and the penalty therefor is prescribed, in a written
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Constitution of Kenya (Repealed) - Kenya Law Reports

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