First Schedule (Section 18 (1))
Jurisdiction of the primary courts
Part I – Jurisdiction under the Penal Code
Primary courts shall have jurisdiction to try any offence contrary to any of the following provisions of the Penal Code:
||Going armed in public
||Challenging to fight a duel
||Abusive language, brawling and threatening violence.
||Threat of injury to persons employed in the public service.
114 (1) other thanparagraph(d) thereof
||Contempt of court.
||Preventing or obstructing service or execution of process.
||Escape from lawful custody.
||Absence from extra-mural employment.
||Aiding prisoners to escape.
||Removal, etc., of property under lawful seizure.
||Disobedience of lawful orders.
||Disturbing religions assembly.
||Abduction of girls under sixteen.
||Insulting the modesty of a woman
||Desertion of children.
||Neglecting to provide food, etc. for children.
|176 (b), (c) and (e)
||Idle and disorderly person (certain offences only).
||Wearing uniform without authority.
||Bringing contempt on uniform.
||Adulteration of food or drink intended for sale.
||Sale of noxious food or drink.
||Holding of commodities.
||Concealing the birth of a child.
Omitting to take precautions against probabledanger from animal.
Other negligent acts causing harm not specified insection 233
||Assaults causing actual bodily harm.
||Stealing from the person.
||Stealing by person in the public service.
||Stealing by clerks and servants.
||Killing animal with intent to steal.
||Severing with intent to steal.
||Assault with intent to steal.
||Demanding property with menaces with intent to steal.
||Housebreaking and burglary.
||Entering dwelling house with intent to commit offence.
||Breaking into building and committing offence.
||Breaking into building with intent to committing offence.
||Obtaining goods by false pretences.
||Receiving stolen property, etc.
||Attempt to commit arson.
||Setting fire to crops and growing plants.
||Attempt to commit any of the offences orders which a primary court has jurisdiction to try.
||Soliciting or inciting the commission of an offence which it has jurisdiction to try.
Part II – Jurisdiction under other laws
Primary courts shall have jurisdiction to enforce the provisions of the laws set out in the first, second and third columns of the following table, and to try any offence contrary thereto, subject to any limitation set out opposite thereto in the fourth column:Provided that, where any such laws are of limited territorial application, only primary courts established within the area to which such laws apply shall have jurisdiction to enforce the same and to try offences contrary thereto.
||Section, rule, by law
||The Gaming Act
||Sections 52, 53, 54, 55, 56, 58, 59 60, 61 and 62
||The Highways Act
||Sections 37, 38, 39, 40, 41, 42, 43, 50 and 51
||Road Traffic Act
||(a) any offence under the Road Traffic Act or any subsidiary legislation made there under which is connected with the riding of a bicycle, the condition of a bicycle, the carrying of a passenger on a bicycle, or the contravention of any requirement in relation to a bicycle or its use;
||(b) Offences under rules 18, 32, 43 (i), 69 and 70 of the Traffic Rules.
||The Fire Arms and Ammunition Control Act
||Sections 27 (1), 39 (1) and (2), 22 and 32
||Jurisdiction under section 22 only in so far as the offence relates to the manufacture of smooth bore muzzle loading muskets
||The Stock Theft (Prevention) Act
||sections 3, 4, 5, 6 and 7
||Wildlife Conservation Act
||The whole Act
||Ngorongoro Conservation Act
||The whole Act
||The Forests Act
||sections 15(1), (2) and (4), 16 (1) and (2), 18, 22, 24, 25, 26(1), (2) and (3)
||The Forests Rules
||Rules 10 (1), 11 (2), 14, 15 (1) and 17
||The Standards Act
||The Public Order
Second Schedule (Section 41)
Existing laws in which certain references are to be read as references to district courts held by a civil magistrate or to civil magistrates
||The Judgments Extension Act
||The whole Act
||The Bankruptcy Act
||The Administrator-General (Powers and Functions) Act
||The Land Act
||sections 22 and 23
||The Law of Real Property and Conveyancing Act
||The Merchant Shipping Act
||The Companies Act
||sections 164, 165 and 166.
||Public Health (Sewerage and Drainage)
||The Probate and Administration of Estates Act
||the whole Act
||The Intoxicating Liquors Act
||Sections 13, 14, 66, 67, 68, 70, 72, 74, 78, 83, 19 and 92
Third Schedule (Section 2)
The Primary Courts Criminal Procedure Code
Part I – Preliminary provisions
1. Title, interpretation and general
(1)This Code may be cited as the Primary Courts Criminal Procedure Code(2)In this Code, unless the context requires otherwise—"adult" means a person of the age of sixteen years or more;"bail" includes a bond in a person’s own recognisance;"complaint" includes information laid by a person in relation to, and accusing of, an offence a person arrested without a warrant, and "complainant" includes a person who lays such information"court" means the primary court having jurisdiction;"the district court" means the district court to which an appeal lies from the primary court having jurisdiction;"magistrate" means a primary court magistrate.
Part II – Power of primary courts in proceedings of a criminal nature
2. Court may impose imprisonment, fire or corporal punishment
(1)Subject to the provisions of any law for the time being in force, a court may, in the exercise of its criminal jurisdiction, in the cases in which such sentences are authorised by law, pass the following sentences—(a)imprisonment for a term not exceeding twelve months;(b)a fine not exceeding five hundred thousand shillings;(c)corporal punishment not exceeding twelve strokes.Provided that where a court convicts a person of an offence specified in any of the Schedules to the Minimum Sentences Act which it has jurisdiction to hear, it shall have the jurisdiction to pass the minimum sentence of imprisonment(2)A court may order that any fine which it imposes shall be paid at such time or times or by such instalments or in kind or otherwise as it shall think just, and in default of the payment of any fine or of any instalment of the same when due, the court may order that the amount of the fine or of the instalment, as the case may be, shall be levied by the sale of any movable property belonging to the offender.(3)Subject to subsection (4), when a court makes an order for the payment of a fine, it shall have the power to direct by its sentence that in default of the payment of the fine the offender shall suffer such period of imprisonment as will satisfy the justice of the case.(4)Except where it is expressly provided by any law for the time being in force, in no case shall imprisonment provided under subsection (3) exceed the maximum prescribed by the following scale:(a)
(b)Such imprisonment, either by itself or together with such substantive imprisonment (if any) as may be imposed, shall not in any event exceed the use of the substantive imprisonment prescribed for the offence.(5)The imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law.(6)Where a term of imprisonment is imposed by a court in default of the payment of a fine, that term shall, on the payment or levy of a part of such sum, be proportionately reduced.
|Not exceeding Shs. 5,000/=
|Exceeding Shs. 5,000/= but not exceeding shs. 50,000/=
|Exceeding shs. 50,000 /= but not exceeding 100,000/=
|Exceeding shs. 100,000 /= but not exceeding 500,000 /=
|Exceeding shs. 500,000/=
3. Primary court may commit to district court for sentence
Where a primary court convicts an adult of an offence and, on obtaining information as to the character and antecedents of such adult or as to the circumstances or prevalence of the offence, the court is of the opinion that they are such that greater punishment should be imposed for the offence than the court has power to impose the court may, instead of dealing with him in any other manner, commit the offender in custody to the district court for sentence.
4. Power to discharge absolutely or on conditions, and to promote reconciliation
(1)Where a court by which a person is convicted of an offence is of the opinion that, having regard to the circumstances, including the nature of the offence and the character of the offender, it is inexpedient to inflict punishment, the court may make an order discharging him on his executing a bond with or without sureties in such sum as the court may think fit, on condition that during a period not exceeding one year he shall appear and receive sentence when called upon and in the meantime he shall keep the peace and be of good behavior.(2)In the case of proceedings for common assault or for any other offence of a personal or private nature, the court may, if it is of the opinion that the public interest does not demand the infliction of a penalty, promote reconciliation and encourage and facilitate the settlement, in an amicable way, of the proceedings or terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed.
5. Additional power
(1)A court may, where the justice of the case so requires, and shall, in any case where any law for the time being in force so requires, make orders—(a)for the supervision of habitual offenders;(b)for the payment of compensation not exceeding one hundred thousand shillings or costs or for compensation of more than one hundred thousand shillings where it convicts a person of an offence specified in the Schedules to the Minimum Sentences Act which it has jurisdiction to hear;(c)for the forfeiture of any property in the case of unlawful possession or, where authorised by any other law for the time being in force, for the forfeiture of any property in the case of unlawful use or the forfeiture of any licence, permit or other authorisation;(d)when any person is convicted by it of having stolen or having dishonestly or wrongfully obtained any property, for the restoration of such property, to the person appearing to the court to be the owner or entitled to the possession thereof;(e)to any other effect, not hereinafter provided, prescribed by the law under which a person is convicted.(2)The power to make orders for the payment of costs includes power to order the complainant to pay costs in any case in which the court acquits or discharges an accused person of a false, frivolous or vexatious charge:Provided that, the court shall not have power to award costs against any person holding an office in the service of the United Republic or of a local government authority, the functions of whose office include the enforcement of any law in respect of which the complaint is made.(3)Any compensation or costs awarded by a court under this section may be ordered to be paid at such time or times or in such instalments, as the case may be, and shall be levied by the sale of any property belonging to the person ordered to pay the compensation or costs.(4)A court may order that any fine or any part of a fine imposed shall be paid by way of compensation to any person injured or aggrieved by the act or omission which constituted the offence in respect of which such fine was imposed.(5)No payment of compensation out of a fine shall be made until after the expiration of the time prescribed for an appeal to a district court or, if an appeal is filed, before the decision on appeal.(6)At the time of awarding any compensation in any subsequent civil proceedings relating to the same matter as the criminal proceedings in which compensation was awarded, any court hearing the civil proceedings shall take into account any compensation paid or recovered under an order made under this section.(7)Nothing in this Code shall be construed derogating from the provisions of the Probation of Offenders Act.
6. Power cumulative
Where a court convicts an offender at one trial of two or more offences and sentences him to imprisonment for two or more of such offences, the punishments shall commence one after the other in such order as the court may direct, unless the court directs that such sentences of imprisonment shall run concurrently:Provided that, the aggregate punishment shall not exceed twice the amount of punishment which the court is, in the exercise of its ordinary jurisdiction (including where it convicts a person of offences specified in the Schedules to the Minimum Sentences Act, the amount of imprisonment authorised by the proviso to subsection (1) of section 2 of this Code), competent to impose.
7. Confirmation of certain order
(1)Notwithstanding the foregoing provisions of this Part, no sentence or order of a primary court—(a)of imprisonment for a term exceeding six months;(b)of corporal punishment on an adult;(c)of supervision of a habitual offender; or(d)of forfeiture in the exercise of its criminal jurisdiction, shall be carried into effect unless it has been confirmed by the district court:Provided that, nothing in this subsection shall apply in any case where a person is convicted of an offence specified in any of the Schedules to the Minimum Sentences Act and sentenced to the minimum term of imprisonment provided for by that Act.(2)For the purposes of subsection (1) of this section the aggregate of consecutive sentences of imprisonment (whether substantive or in default of payment of a fine imposed in the case of convictions for two or more offences at one trial) shall be deemed to be one sentence.(3)Wherever a court makes an order which requires confirmation the court may, in its discretion, release the offender on bail, with or without sureties, pending confirmation of such order as the district court may make; and where an offender who has been sentenced to a term of imprisonment which requires confirmation is released on bail, the term of imprisonment shall run from the date on which he begins to serve his sentence after confirmation or other order by the district court:Provided that, where a court makes an order of corporal punishment on an adult, then whether or not it also makes an order for imprisonment at the same trial, it shall not release the person to whom the order applies pending confirmation but shall, subject in the case of a person to whom the order of imprisonment applies to his right to make the election set out in subsection (4) of this section, remand him in custody.(4)If an offender who has been sentenced to a term of imprisonment which requires confirmation is not released on bail, he may elect either-(a)to serve his sentence, pending confirmation or other order, from the date upon which he is sentenced by the court in which case the term of imprisonment shall run from such date; or(b)to postpone serving his sentence until the order is confirmed or other order is made by the district court, in which case the offender shall be remanded in custody pending the confirmation or other order and the term of his imprisonment shall run from the date he begins to serve his sentence.
Part III – Warrants and summonses
(1)Where a complaint of facts which constitute an offence in respect of which primary courts have jurisdiction is made to a magistrate, the magistrate shall examine the complaint and, if satisfied that there are sufficient grounds for so doing, issue a summons or warrant of arrest for compelling the appearance of the person accused:Provided that, a magistrate shall not, in the first instance, issue a warrant for the arrest of the person accused unless he is satisfied that it is proper that the person should be detained in custody pending his trial or should give security for his appearance, or that the circumstances of the case render it unlikely that he will appear in answer to a summons.(2)The power to issue a warrant under this section includes power to issue a warrant for arrest authorizing a police officer to whom it is directed to release the person accused on his executing a bond for a specified sum, with or without sureties, for his appearance before the court.(3)Where a summons or warrant is issued under this paragraph, it shall be returnable before the court to which the magistrate by whom it is issued is assigned.(4)Where a magistrate considers a complaint under this section, he shall enter the same, together with his decision whether or not to issue process, in the registers of the court.
9. Additional powers to issue warrant
Where—(a)a person has failed to appear in answer to a summons; or(b)a summons has been issued, but the court has reason to apprehend that the person to whom it has been issued will not appear in answer to the summons,a magistrate may issue a warrant of arrest and where a person commits an act of contempt in the face of the court, the court may either order his arrest forthwith or issue a warrant of arrest.
(1)Every summons shall be in the prescribed form and shall be issued in duplicate and one copy of the summons shall be signed, if so required by the person serving the same, by the person on whom it is served or with whom it is left, and returned to the court.(2)Wherever possible the summons shall be served on the person to be summoned personally but, where such person cannot be found, it may be served by leaving it with some adult member of his family, or with some adult servant residing with him, or with his employer and every such other person with whom a summons is left shall take such steps as may be reasonable and necessary to serve the person to be summoned.
(1)Every warrant of arrest shall be in the prescribed form.(2)A warrant of arrest shall constitute authority to the person to whom it is directed, to all officers of the court to which the magistrate by whom it is issued is assigned and to all police officers, to take the person in respect of whom it is issued into custody and to produce him before the court and, subject to the provisions of this Code, every such person shall have and may exercise, in the execution thereof, all such powers and shall perform all such duties as are by law conferred or imposed upon police officers.(3)A person executing a warrant shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant.(4)Every warrant of arrest shall remain in force until it is executed or until it is cancelled by the court to which the magistrate by whom it was issued is assigned.
12. Service outside local jurisdiction
(1)Process issued under the foregoing provisions of this Part may be served or executed at any place in the country but if it is to be served or executed outside the local limits of the jurisdiction of the court by which it is issued, it shall first be sent or taken to a magistrates’ court within the local limits of the jurisdiction of which it is to be served or executed and there endorsed by a magistrate or a justice of the peace; and shall not be served or executed unless it is so endorsed.(2)When a warrant of arrest has been executed outside the local limits of the court by which it is issued, the person arrested shall, unless the court which issued the warrant is nearer than a magistrate within whose local limits the arrest was made or unless security is taken under subsection (2) of section 8, be taken before a magistrate within the local limits of whose jurisdiction the arrest was made; and such magistrate shall direct his removal in custody to the court which issued the warrant unless he admits him to bail and forwards the bond to the court which issued the warrant.
13. Search warrant
(1)A magistrate may, if satisfied upon affirmation that there is reasonable ground for believing that anything upon, by or in respect of which an offence has been committed, or anything which is necessary to the conduct of an investigation into any offence, is to be found on any premises or in any vessel or vehicle within the local limits of its jurisdiction issue a search warrant in the prescribed form authorising any person or a person named therein to search the premises, vessel or vehicle and, if anything searched for is found, to seize it and take it before the court, where it may be detained until the conclusion of the case, including any appeal, reasonable care being taken for its preservation.(2)A search warrant under this section shall be executed only between the hours of 6.30 a.m. and 6.30 pm.(3)Any person residing in any premises, or in charge of any premises, vessel or vehicle in respect of which a search warrant has been issued shall allow any person on executing such warrant free ingress thereto and shall afford all reasonable facilities for making a search therein, and where free ingress cannot be obtained the person executing the warrant may use such force as may be necessary to enter the premises, vessel or vehicle and in order to effect entry and search and may break open any window or door.(4)At the conclusion of the case, including any appeal, the court shall direct the property to be returned to the person from whom it was seized, unless the court sees fit, or is authorised or required by law to dispose of it otherwise.
Part IV – Remand and bail
14. Power to grant bail or remand in custody
(1)Where any person is brought before a court under arrest or has been remanded in custody or at any stage of the proceedings whilst a person is in custody, the court may either admit him to bail or remand him or further remand him in custody until the determination of the proceedings:Provided that where a person is brought before a court under arrest and the court has no jurisdiction to try the offence for which such person is arrested, it shall cause him to be taken before the district court.(2)Nothing in the proviso to subsection (1) shall preclude a primary court magistrate from exercising in relation to such person, at a district court house or elsewhere, any of the powers conferred upon a justice of the peace under Part VI of this Act.
No persons shall be remanded—(a)in prison custody for more than fifteen days at any one time;(b)in custody in a lock-up for more than seven days at one time; or(c)in the custody of any other person or place for longer than is necessary to hold him and convey him to a prison or lock-up and, in any event, for longer than seven days at any one time.
(1)A person may be released on bail with or without sureties.(2)The amount of the bail shall be fixed according to the circumstances of the case but shall not be excessive.(3)Before any person is released on bail he, and if a surety or sureties are required, his surety or sureties, shall enter into a bond in the prescribed form and in the amount fixed; and it shall be a condition of the bond that the person who is released shall attend at the time and place mentioned in the bond and that he shall continue to attend until the proceedings are completed:Provided that, the court may order or permit a person hereby required to execute a bond to deposit a sum of money or property with the court instead of executing the bond.(4)In any case in which—(a)the court is satisfied that a person released on bail is about to leave the country;(b)the sureties represent to the court that they cannot any longer be responsible for the appearance of the person released;(c)there is some mistake in the bond or it appears that the sureties were or have become insufficient; or(d)the person released fails to appear in accordance with a bond or deposit in that behalf.
(1)Whenever it is proved to the satisfaction of a court by which a recognisance under this Act or the Penal Code has been taken or when the recognisance has been taken by a police officer for appearance before recognisance has been forfeited, the court shall record the grounds of such recognisance to pay the penalty thereof or to show cause why it should not be paid.(2)If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the same by issuing a warrant for the attachment and safe of the movable property belonging to that person on his estate if he is dead.(3)The warrant may be executed within the local limits of the jurisdiction of the court which issued it and it shall authorise the attachment and the sale of the movable property belonging to that person without such limits when endorsed by any magistrate within the local limits of whose jurisdiction that property is found.(4)If that penalty is not paid and cannot be recovered by that attachment and sale, the person so bound shall be liable by order of the court which issued the warrant to imprisonment for six months.(5)The Court may, in its discretion, remit any portion of the penalty mentioned and enforce payment in part only.(6)Where a surety to a recognisance dies before the recognisance is forfeited his estate shall be discharged from all liability in respect of the recognisance.(7)When any person who has furnished security is convicted of an offence the commission of which constitutes a breach of the condition of his recognisance, a certified copy of the judgment of the court by which he was convicted of such offence may be used as evidence in the proceedings under this section against his surety or sureties and if such certified copy is so used, the court shall presume that such offence was committed by him unless the contrary is proved.
18. Provisions relating to bail to apply to bail after conviction
The provisions of this Part of this Code relating to bail and forfeiture shall also apply where bail is granted by a primary court after it has convicted any person of an offence.
Part V – Courts which may try offences
(1)Subject to the provisions of this Act, an offence shall be tried by the court within the local limits of the jurisdiction of which—(a)the offence was committed;(b)the accused was apprehended or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging him with the offence;(c)if the offence was committed on a journey, any part of the journey; or(d)if it is uncertain in which of several local areas in which the offence was committed, any ingredient of the offence occurred; orby a court having jurisdiction under the foregoing provisions of this section to try some other offence with which it is appropriate or convenient that such first mentioned offence should be tried, or by a court to which h the proceedings have been transferred by an order made under Part V of this Act:Provided that nothing in this section shall be construed as conferring jurisdiction on primary courts to the exclusion of the High Court or any other category of magistrates’ court.(2)Where any doubt arises as to the primary court by which any offence shall be tried, it shall be referred to the appropriate judicial authority whose decision shall be binding on all magistrates’ courts.
20. Limitation of time for trials in certain cases
Except where a longer time allowed by law, no offence the maximum punishment for which does not exceed imprisonment for six months or a fine exceeding five thousand shillings or both, shall be triable by the court, unless the charge or complaint relating to it is laid within twelve months from the time when the matter of such charge or complaint arose.
Part VI – Trial of offence
21. Charge to be drawn up
(1)Where—(a)a magistrate issues process under section 8; or(b)any person is brought before a court under arrest,the magistrate shall enter the fact in the registers of the court and, in the case of any offence in respect of which primary courts have jurisdiction, open a case fine and, unless a written charge is signed and presented by a police officer, drawn up and sign a charge with such particulars as are reasonably necessary to identify the offence or offences, including the law and the section, or other division thereof, under which the accused person is charged.(2)Every charge shall be brought in the name of the Republic acting on the complaint of the complainant who shall also be named.(3)A charge may contain more than one offence if the offences charged are founded on the same facts or form part of a series of offences of the same or similar character but where more than one offence is contained in the same charge it shall be separately stated.
22. Addition to or amendment of charges
At any time before the accused person gives evidence at the trial, the court may amend a charge or add new offences to it, but where the court amends. or adds to a charge, the accused person may require any witness who has previously given evidence to be recalled and may put relevant questions to such witness.
(1)A complainant may, with consent of the court, withdraw his complaint at any time before the accused person gives evidence at the trial, and where the court gives its consent to the withdrawal of the complaint, it shall withdraw the charge and unless the accused person is remanded in custody on some other charge, discharge him.(2)The discharge of an accused person under this paragraph shall be without prejudice to the institution of new proceedings for the same offence.(3)Nothing in this paragraph shall be construed as derogating from the power of the Director of Public Prosecutions to enter a nolle prosequi in any proceedings.
The court may adjourn the hearing of any proceedings from time to time as the occasion may require.
25. Non-appearance of parties after adjournment
(1)Where at any time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court, which made the order of adjournment, it shall be lawful for such court to proceed with the hearing or further hearing as if the accused were present, and if the complaint shall not appear, the court may dismiss the charge and acquit the accused with or without costs as the court shall think fit.(2)Where the court convicts the accused person in his absence, it may set aside such conviction upon being satisfied that his absence was from causes over which he had no control, and that he had a probable defence on the merits.(3)Any sentence passed under subsection (1) shall be deemed to commence from the date of apprehension, and the magistrate shall endorse the date thereof on the back of the warrant of commitment.(4)The court, in its discretion, may refrain from convicting the accused in his absence, and in every such case the court shall issue a warrant for the apprehension of the accused person and cause him to be brought before the court.
Where a complainant fails to appear at the time and place appointed for the hearing of any charge, the court may dismiss the charge and acquit the accused person, unless it shall think it proper to adjourn the hearing to some other day:Provided that, the court shall not dismiss the charge or acquit the person unless he is present at the time and place appointed or is in lawful custody.
27. Accused may be convicted and sentenced in absentia
(1)Where in any case to which paragraph 25 does not apply an accused fails to appear on the date fixed for the continuation of the hearing after the close of the prosecution case or on the date fixed for the passing of sentence, the court may, if it is satisfied that the accused’s attendance cannot be secured without undue delay or expense, proceed to dispose of the case in accordance with the provision of subsection (2) as if the accused, being present had failed to make any statement or adduced any evidence in relation to any sentence which the court may pass; save that where the accused appear on any subsequent date to which the proceedings under this subsection or the proceedings under this section on the day or days on which the accused was absent shall not be invalid by reason only of his absence.
28. Evidence relative to proper sentence or order
The court may before passing sentence receive such evidence as it thinks fit, in order to inform itself as to the sentence to be passed.
29. Presence of accused
Trials in primary courts shall be conducted in the presence of the accused.
30. Interpretation of evidence
(1)Where any evidence is given in a language not understood by the accused, it shall be interpreted to him in open court in a language understood by him.(2)Before entering upon the duties of his office, an interpreter shall take oath or be affirmed, as the case may be:Provided that a regular court interpreter who has taken oath or has been affirmed generally shall not require to take oath or be affirmed in each proceeding.
31. Charge to be read
(1)At the commencement of the trial, and immediately after the court has made any amendment or addition to the charge, the court shall read and, if necessary, explain the charge to the accused person.(2)After reading the charge, the court shall either itself state the facts on which it is founded or require the complainant to state shortly such facts.(3)After the charge has been read and, if necessary, explained to the accused person and a statement of the fact has been made, the accused shall be asked whether or not he agrees the charge is true.(4)Where the charge contains more than one offence, the procedure prescribed in this paragraph shall be followed separately for each offence.(5)After the accused has pleaded to the charge read over to him in the court under this paragraph the court shall obtain from the accused his permanent address and shall record and keep that address as part of the record of the proceedings.
32. Where accused admits offence
(1)Where the accused person admits the truth of the charge (or any of offence therein—(a)the magistrate shall cause a charge to be read and explained to him and where there are more counts than one, each shall be put separately;(b)the admission shall be recorded as nearly as possible in the accused own words and then read over to him and any amendments or corrections by the accused shall be recorded;(c)the prosecutor shall state alleged facts in sufficient details and bring essential constituents of the offence charged and the accused shall be asked, if he admits truth of the statements if he does not admit the magistrate shall the change plea and that event the prosecutor may amend the charge; and(d)if the plea is not (charged) the magistrate and, if an interpreter is employed and the interpreter, shall sign the admission of the accused person and the magistrate shall invite the accused person also to sign it.(2)The court shall then convict the accused person of the offences which he admits and proceed to pass sentence on him:Provided that, where the court is satisfied that it is desirable that the passing of sentence be deferred, it may, for the reasons to be recorded, defer the same until some other time.
33. Where accused denies witness
Where the accused does not admit the truth of the charge (or of any offence therein), the court shall enter a plea of not guilty to such charge or offence and proceed to hear the evidence of the complainant and his witnesses and, if he so wishes, of the accused person and his witnesses.
34. Refractory witness
(1)Whenever any person, is appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally by the court to give evidence—(a)refuses to be sworn or affirmed;(b)having been worn or affirmed, refuses to answer any question put to him;(c)refuses or neglects to produce any document, or thing which he is required to produce; or(d)refuses to sign his depositions, without in any case offering any sufficient excuse for such refusal, or neglect, the court may adjourn the case or a period not exceeding eight days, and may, in the meantime, commit such person unless he sooner consents to do what is required of him.(2)Where such person, upon being brought before the court at or before such adjournment hearing again trusses to do what is required of him the court may, if it sees fit, again adjourn the case and commit him for the like period and so again from time to time until such person consents to do what is so required of him.
35. Evidence and examination
(1)The evidence shall be given in such order as the court directs:Provided that—(a)without prejudice to the power of court to recall him, the complainant shall give evidence first;(b)subject to the provisions of item (c) of this proviso, if the accused person wishes to give evidence, he shall give such evidence before his witnesses; and(c)the accused person shall be afforded an opportunity of giving evidence in rebuttal of any evidence given after he himself has given evidence, by the complainant, the complainant's witnesses or witnesses called by the court.(2)The evidence of the complainant, the accused person and all other witnesses shall be given on affirmation save in the case of a child of tender years, who in the opinion of the court does not understand the nature of the affirmation.(3)The court and the accused person may put relevant questions to the complainant and his witnesses.(4)The court and the complainant may put relevant questions to the accused's witnesses and, if he gives evidence, to the accused person.(5)The accused person and the complainant may, with the consent of the court, put questions to witnesses called by the court.(6)The magistrate shall record the substance of the evidence of the complainant, the accused person and the witness and after each of them has given evidence shall read his evidence over to him and record any amendment or corrections and thereafter the magistrate shall certify at the foot of such evidence, that he has complied with this requirement.
36. Dismissal of charge
At any stage of the proceedings, the court may, if satisfied that the accused person has no case to answer, dismiss the charge and acquit the accused.
37. Judgment and verdict
(1)Subject to section 6 of this Code, after all the evidence has been heard, the court shall proceed to pass judgment and convict, or acquit and discharge the accused accordingly.(2)Every judgment shall contain the point or points for decision arrived at by the and assessors the, decision thereon and the reasons for such decision, and shall be dated and signed by the magistrate.
38. Alternative verdicts
(1)A person charged with an offence may be convicted of—(a)an attempt to commit such offence;(b)another offence if the first-mentioned offence consists of a number of particulars, a combination of some of which constitute the other offence, if the relevant matters are proved and such attempt or such other offence are within the courts jurisdiction.(2)Where a person is charged with stealing anything and the court of the opinion that he is not guilty of that offence, but that he is guilty of an offence in respect of that thing under one of the section 302, 304 or 311 off the Penal Code, he may be convicted of that offence although he was not charged with it.(3)Where a person is charged with an offence under section 302 or section 304 of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of stealing the thing in respect of which he is charged, he may be convicted of that offence although he was not charged with it.(4)Where a person is charged with and offence under section 302 of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of an offence under section 303 of the Penal Code, he may be convicted of that offence although he was not charged with it.(5)When a person is charged under section 311 of the Penal Code with the offence of receiving anything and the court, is of opinion that he is not guilty of that offence but that he is guilty of retaining the thing, and when a person is charged under the said section with the offence of retaining anything and the court is of opinion that he can be convicted under the provisions of the said section of retaining or receiving, as the case may be, although he was not so charged.(6)Where a person is charged with an offence under one of the section 294 to 297 of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of any other offence under another of those sections, he may be, convicted of that other offence although he was not charged with it.
After conviction the court shall consider the question of sentence and may hear such evidence, on oath or affirmation as it thinks necessary to assist it to determine the sentence to be passed.
40. Warrant of committal
The court shall draw up a warrant of committal in the prescribed form in the case of every person sentenced to a term of imprisonment or to corporal punishment, and in the case of a conviction for an offense specified in the Schedule to the Minimum Sentences Act, the warrant shall be endorsed under the hand of the magistrate with a statement that the person convicted was convicted of a scheduled offence.
The Fourth Schedule (Section 19(1)(b))
Provisions relating to the civil jurisdiction of primary courts
1. Courts by which proceedings to be heard
Subject to the provisions of this Act, proceedings of civil nature shall be heard and determined—(a)if they relate to immovable property, by a court within the local jurisdiction of which the property is situated;(b)in any other case, by a court within the local jurisdiction of which the cause of action arose or the defendant is ordinarily resident, or by a court to which proceedings have been transferred under, on by an order made under Part V of this Act:Provided that, nothing in this paragraph shall be construed as conferring jurisdiction on primary courts to the exclusions of the court other category of magistrate's court or any tribunal established by law.
2. Customary law
In the exercise of its customary law jurisdiction, a primary court shall apply the customary law prevailing within the area of its local jurisdiction, or if there is more than one such law, the law applicable in the area in which the act, transaction or matter occurred or arose, unless it is satisfied that some other customary law is applicable; but it shall, subject to rules of court, apply the customary law prevailing within the area of its local jurisdiction in matter of practice and procedure to the exclusion of any other customary law.
(1)A primary court, in proceedings of a civil nature may—(a)award any amount claimed;(c)order the restitution of any property;(d)order the specific performance of any ;(e)make orders in the nature of an injunction, both mandatory and prohibitive;(f)order the payment of any costs and expenses incurred by a successful party or his witnesses;(g)promote reconciliation and enrage and facilitate the settlement, in an amicable way, of the proceedings on such terms as are just;(h)make any other order which the justice of the case may require.(2)Any amount, including compensation or costs, awarded by a primary court under this paragraph may be ordered to be paid at such time or times or by Such installments or in kind or otherwise as the court shall think just and, in default of the payment of any such amount or any installment of the same when due, the court may order that such any such amount or any installment of the same when due, the court may order that such amount or such installment, as the case may be, shall be levied by attachment and sale of any attachable property belonging to and any salary accrued or to become due to the person against whom the order was made.(3)For the purposes of this paragraph, "attachable property" shall not be deemed to include—(a)the necessary wearing apparel, cooking utensils, bed and bedding of the judgment debtor and of his wife and children;(b)the manual tools of artisans or of agriculturist;(c)the salary or wages of any person to the extent of—(i)the whole of the salary of wages, where the salary or wage does not exceed eighty shillings monthly;(ii)eighty shillings where the salary or wage exceeds eighty shillings monthly but does not exceed one hundred and fifty shillings monthly;(iii)two-thirds of any salary or wage which exceeds one hundred and fifty shillings monthly;(d)any fund or allowance declared by law to be exempt from attachment or sale in execution of a decision or order;(e)any land used for agricultural Purpose by a village, an Ujamaa Village, a cooperative society or an individual whose livelihood is wholly dependent upon the use of such land; or(f)any residential house or building, or part of a house or building occupied by the judgment debtor, his wife and dependent children for residential purposes.
A primary court may, on the application of the party entitled to the benefit of such order in any civil proceedings, request a district court to take steps for the arrest and detention of any person who has failed to comply with an order for the payment of any amount, including compensation or costs, made by such primary court, and, upon receiving any such request, the district court shall have such jurisdiction and powers to order the arrest and detention of such order as if an application were made for the arrest and detention in the civil Prison of a judgment debtor in accordance with the provisions of the Civil Procedure Code.
The Fifth Schedule (Section 19 (1) (c))
Part I – Powers of primary courts in administration cases
(1)The jurisdiction of a primary court in the administration of deceased’s estates, where the law applicable to the administration or distribution or the succession to, the estate is customary law or Islamic law, may be exercised in cases where the deceased at the time of his death, had a fixed place of abode within the local limits of the court's jurisdiction:Provided that, nothing in this paragraph shall derogate from the jurisdiction of a primary court in any proceedings transferred to such court under Part V of this Act.(2)A primary court shall not appoint an administrator of a deceased's estate—(a)in respect of an estate to which the provisions of the Probate and Administration of Estates Act are applicable or of which a grant of administration has been made under that Act, or of which the administration is undertaken by the Administrator-General under the Administrator-General (Powers and Functions) Act; or(b)where the gross value of the estate does not exceed Shs. 1,000/- unless the court is of the opinion that such an appointment is necessary to protect the creditors or beneficiaries.
2. Powers of courts
A primary court upon which jurisdiction in the administration of deceased's estates has been conferred may—(a)either of its own motion or an application by any person interested in the administration of the estate appoint one or more persons interested in the estate of the deceased to the administrator or administrators, thereof, and, in selecting any such administrator, shall, unless for any reason it considers in expedient so to do, have regard to any wishes which may have been expressed by the deceased;(b)either of its own motion or on application by any person interested in the administration of the estate, where it considers that it is desirable so to do for the protection of the estate and the proper administration thereof, appoint an officer of the court or some reputable and impartial person able and willing to administer the estate to be administrator either together with or in lieu of an administrator appointed under sub-paragraph (a);(c)revoke any appointment of an administrator for a good and sufficient cause and require the surrender of any document evidencing his appointment;(d)make orders as to the administration of the estate, and, in particular but without prejudice to the generality of the foregoing, as to the law to be applied in the distribution of the estate and as to advertising for creditors;(e)require an administrator to sign an undertaking to administer the estate faithfully;(f)require an administrator to give security for the due administration of the estate;(g)make orders as to the payment of the share in the estate of any minor or other person under a disability to a relative or other suitable person for the maintenance or otherwise for the use of such minor or person under a disability, or with the consent of the Public Trustee, to the Public Trustee; or(h)make any order which it has power to make under this Act in cases of a civil nature.
Where the High Court has directed that the Probate and Administration Ordinance shall apply to an estate of which an administrator has been appointed by a primary court, the primary court shall, upon receiving notice to that effect from the High Court revoke the appointment of such administrator and require the surrender of any document evidencing his appointment.
4. Consequences of revocation
Where an appointment of an administrator is revoked by a primary court—(a)all payments bona fide made to the administrator before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and(b)the administrator who shall have acted may retain and reimburse himself out of the assets of deceased state in respect of any payments made by him which an administrator may lawfully make.
Part II – Powers and duties of administrators appointed by primary courts
5. General duties of administer
An administrator appointed by a primary court shall, with reasonable diligence, collect the property of the deceased and the debts that were due to him, pay the debts of the deceased and the debts and coasts of the administration and shall thereafter distribute the estate of the deceased to the persons or for the purposes entitled thereto and, in carrying out his duties, shall give effect to the directions of the primary court.
An administrator may bring and defend proceedings on behalf of the estate.
A receipt issued by an administrator shall constitute a good discharge to any debtor paying his debtor and to any person delivering the property of the deceased to the administrator.
An administrator who misapplies the estate of the deceased or subjects it to loss or damage shall be liable to make good such loss or damage, and administrator who occasions loss to the estate by neglecting to get in any part of the property of the deceased shall be liable to make good the amount.
9. No obligation to advertise
Where an administrator makes inquires which, in the circumstances of the case, are reasonable as to the debts of the deceased he shall not be obliged to advertise for crudities unless so directed by the primary courts.
10. Distribution of assets
An administrator who distributes the assets in discharge of the such lawful claims as he knows of and, after not less than three months after the death of the deceased, distributes the remaining assets among the persons or for purposes entitled thereto, and who gives effect or complies with the directions of the court (if any), shall not be liable for those assets to any person of whose claim had no notice at the time of such distribution:Provided that, nothing in this paragraph shall prejudice the right of any creditor to assets at the time of such distribution.
After completing the administration of the estate and, if the primary court orders, at any other stage of the administration, the administrator shall account to the primary court for his administration.