[Rev. 2012]
Penal Code
CAP. 63
30. Suspension or forfeiture of right to carry on business
(1) Where a person is convicted of any offence mentioned in Chapter XXXI and
the offence arose out of, or was committed in the course of, any trade or business,
whether carried on by such person or not, the court by which the conviction is
recorded may, in addition to any other penalty which it may impose, make an order,
having effect for such period as the court may think fit, prohibiting such person from
carrying on, or being concerned or employed, directly or indirectly, in carrying on,
any such trade or business or any branch of any such trade or business of the
same or similar character.
(2) Any person who fails to comply with an order made under subsection (1) is
guilty of an offence and is liable to a fine not exceeding two thousand shillings or
to imprisonment for a term not exceeding six months or to both.
[Act No. 40 of 1952, s. 2.]
31. Compensation
Any person who is convicted of an offence may be adjudged to make
compensation to any person injured by his offence, and the compensation may be
either in addition to or in substitution for any other punishment.
32. Costs
Subject to the limitations imposed by section 171 of the Criminal Procedure
Code (Cap. 75), a court may order any person convicted of an offence to pay the
costs of and incidental to the prosecution or any part thereof.
33. Security for keeping the peace
A person convicted of an offence not punishable with death may, instead of, or
in addition to, any punishment to which he is liable, be ordered to enter into his
own recognizance, with or without sureties, in such amount as the court thinks fit,
conditioned that he shall keep the peace and be of good behaviour for a time to be
fixed by the court, and may be ordered to be imprisoned until such recognizance,
with sureties, if so directed, is entered into; but so that the imprisonment for not
entering into the recognizance shall not extend for a term longer than one year,
and shall not, together with the fixed term of imprisonment, if any, extend for a term
longer than the longest term for which he might be sentenced to be imprisoned
without fine.
34. Recognizances
(1) If at any time the court which convicted an offender is satisfied that he has
failed to observe any of the conditions of his recognizance, it may issue a warrant
for his apprehension.
(2) An offender when apprehended on any such warrant shall be brought
forthwith before the court by which the warrant was issued, and the court may either
remand him in custody until the case is heard or admit him to bail with a sufficient
surety conditioned for his appearing for hearing or sentence; and the court may,
after hearing the case, pass sentence.
(3) The provisions of sections 128, 129 and 131 of the Criminal Procedure
Code (Cap. 75) shall apply mutatis mutandis to recognizances taken under section
33 of this Code.
[Act No. 22 of 1959, s. 30(2).]
P6-26
[Issue 1]
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