Maina, J.: The accused, Muhidin Twalib, was charged in the District Court at Kilwa with burglary and stealing. He denied the charge. After a few adjournments, the prosecutor informed the court that the accused was married to the complainant's daughter, and he requested that the matter be settled out of court. The District Court E agreed and made an order that the case be settled out of court. This case was admitted to revision because it appeared that the District Court acted without jurisdiction.
The learned district magistrate made his order under section 163 of the Criminal F Procedure Act which provides as follows:
In the case of proceeding for common assault or for any offence of personal or private nature, the court may, if it is of the opinion that the public interest does not demand the G infliction of the penalty, promote reconciliation, and encourage and facilitate the settlement, in an amicable way, of the proceedings or on terms of payment of compensation or other term approved by the court, and may thereupon order the proceedings to be stayed. H
It seems to me that the court can promote reconciliation and encourage settlement in a case of common assault or for an offence which is of personal or private nature. The relationship between the accused and the complainant is not relevant. What the court I has to consider, before applying section 163 of the Criminal Procedure
Act, is whether the offence is one of common assault or of personal or private nature. If A the answer is in the affirmative, then the court may proceed to promote reconciliation and encourage settlement. In this case, the learned district magistrate conceded that the offence was serious. It was of common assault. The charge was burglary and stealing. B That is not an offence of personal or private nature. Burglary is a serious offence and therefore it is not an offence in which the court could promote reconciliation Section 163 of the Criminal Procedure Act was not applicable in this case.
The order of the District Court that the case be settled out of court is set aside. C
It is ordered that the case be remitted to the District Court for trial before another magistrate.
D Order accordingly.