M-Wakili

Fugitive Offenders Pursuit Act Cap 87 - as Plain Text by MWakili

LAWS OF KENYA FUGITIVE OFFENDERS PURSUIT ACT CHAPTER 87 Revised Edition 2012 [1982] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

87 Fugitive Offenders Pursuit CHAPTER 87 FUGITIVE OFFENDERS PURSUIT ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Interpretation.

3.

Powers of Minister to define area.

4.

Arrested offender to be delivered to police and subsequent procedure.

5.

Powers of arrest not enlarged.

3 [Issue 1] [Rev.

2012] CAP.

87 Fugitive Offenders Pursuit CHAPTER 87 FUGITIVE OFFENDERS PURSUIT ACT [Date of commencement: 3rd December, 1936.] An Act of Parliament to authorize the police of Uganda and Tanzania to pursue within Kenya offenders fugitive from such territories [Cap.

77 of (1948), G.N.

1602/1955, L.N.

173/1960, L.N.

2/1964, Act No.

19 of 1964, Act No.

10 of 1969.] 1.

Short title This Act may be cited as the Fugitive Offenders Pursuit Act.

2.

Interpretation In this Act, except where the context otherwise requires adjoining territory means Tanzania and Uganda; offence means an offence for which surrender to an adjoining territory can be made under the Extradition (Contiguous and Foreign Countries) Act (Cap.

76); offender means a person who has committed, or is reasonably suspected of having committed, an offence in an adjoining territory; police of an adjoining territory means any uniformed member of the police force established by law in the adjoining territory and any person having powers of arrest derived from a tribal or other native authority in that adjoining territory and wearing a uniform, badge or other mark rendering him easily recognisable as an officer of that authority.

[Act No.

10 of 1969, Sch.] 3.

Powers of Minister to define area The Minister, if satisfied that reciprocal arrangements have been made by an adjoining territory whereby the police of Kenya may enter that adjoining territory in pursuit of a person who has committed, or is reasonably suspected of having committed, an offence in Kenya, may, by order, define the area in Kenya into which the police of that adjoining territory may enter when in pursuit of an offender and within which they may pursue and arrest that offender.

[G.N.

1602/1955, L.N.

173/1960.] 4.

Arrested offender to be delivered to police and subsequent procedure (1) If, in exercise of powers conferred on them under this Act, the police of an adjoining territory arrest an offender in Kenya, they shall forthwith deliver the offender to the police of Kenya, who shall, as soon as possible after delivery, bring the offender before a magistrate with a view to his being surrendered to the adjoining territory concerned.

5 [Issue 1] CAP.

87 [Rev.

2012] Fugitive Offenders Pursuit (2) A magistrate may order the offender so arrested to be detained in custody for the same period as if the offender had been apprehended in pursuance of a provisional warrant issued under the provisions of section 13 of the Extradition (Contiguous and Foreign Countries) Act (Cap.

76).

(3) The proceedings for the surrender of the offender shall be those prescribed by the Extradition (Contiguous and Foreign Countries) Act.

5.

Powers of arrest not enlarged Nothing in this Act shall confer on the police of an adjoining territory power to arrest persons who under the law of that territory would not be amenable to arrest in that territory by them.

[Issue 1] 6 [Rev.

2012] CAP.

87 Fugitive Offenders Pursuit [Subsidiary] CHAPTER 87 FUGITIVE OFFENDERS PURSUIT ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Orders under section 3.

97 [Issue 1] [Rev.

2012] CAP.

87 Fugitive Offenders Pursuit [Subsidiary] ORDERS UNDER SECTION 3 [Cap.

77 (1948), Sub.

Leg., L.N.

124/1968.] The police of Tanzania may, when in pursuit of a person who has committed or is reasonably suspected of having committed an offence in Tanzania, enter Kenya and pursue and arrest such person within Kenya: Provided that the powers so conferred shall not be exercisable at any point in Kenya which is more than fifty miles from the Tanzanian-Kenya border.

9 [Issue 1].

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