CAP. 75
Criminal Procedure Code
[Rev. 2012]
(3) Where an alteration of a charge is made under subsection (1) and there is
a variance between the charge and the evidence as described in subsection (2),
the court shall, if it is of the opinion that the accused has been thereby misled or
deceived, adjourn the trial for such period as may be reasonably necessary.
215. Decision
The court having heard both the complainant and the accused person and their
witnesses and evidence shall either convict the accused and pass sentence upon
or make an order against him according to law, or shall acquit him.
216. Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused
person under section 215, receive such evidence as it thinks fit in order to inform
itself as to the sentence or order properly to be passed or made.
[Act No. 22 of 1959, s. 26.]
217. Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be
signed by the court making the conviction or order, or by the clerk or other officer
of the court.
218. Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other
officer of the court, shall without other proof be a bar to a subsequent information
or complaint for the same matter against the same accused person.
LIMITATIONS AND EXCEPTIONS RELATING
TO TRIALS BEFORE SUBORDINATE COURTS
219. Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence the maximum
punishment for which does not exceed imprisonment for six months, or a fine of
one thousand shillings, or both, shall be triable by a subordinate court, unless the
charge or complaint relating to it is laid within twelve months from the time when
the matter of the charge or complaint arose.
220. Repealed by Act No. 5 of 2003, s. 80.
221. Committal to higher court for sentence
(1) Where a person of not less than eighteen years of age is convicted by a
subordinate court of the second class of an offence which is punishable by either
that court or a subordinate court of the first class, and the court convicting him,
after obtaining information as to his character and antecedents, is of the opinion
that they are such that greater punishment should be inflicted than it has power to
inflict, that court may, instead of dealing with him itself, commit him in custody to
the Resident Magistrate’s Court for sentence.
(2) Where a person who is not less than eighteen years of age is convicted by a
subordinate court of the first class of an offence which is punishable by either that
court or the High Court, and the court convicting him, after obtaining information
as to his character and antecedents, is of the opinion that they are
[Issue 1]
C44 - 78
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