Spans in 'Kenya - Criminal Procedure Code' tagged with 'Ne bis in idem'

'Ne bis in idem' in document 'Kenya - Criminal Procedure Code'

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More information about the keyword 'Ne bis in idem'
More information about the document 'Kenya - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

PREVIOUS CONVICTION OR ACQUITTAL

138. Persons convicted or acquitted not to be tried again for same offence

A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

Arraignment

279. Plea of autrefois acquit and autrefois convict

(1) An accused person against whom an information is filed may plead—

(a) that he has been previously convicted or acquitted of the same offence ; or
(b) that he has obtained the President’s pardon for his offence.

(2) If either of those pleas are pleaded and denied to be true, the court shall try whether the plea is true or not.

(3) If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false, the accused shall be required to plead to the information.

RELEVANT ROME STATUTE PROVISIONS

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.