[Rev. 2012]
Criminal Procedure Code
CAP. 75
5. Offences under other laws
(1) An offence under any law other than the Penal Code (Cap. 63) shall, when
a court is mentioned in that behalf in that law, be tried by that court.
(2) When no court is so mentioned, it may, subject to this Code, be tried by
the High Court, or by a subordinate court by which the offence is shown in the fifth
column of the First Schedule to this Code to be triable.
6. Sentences which High Court may pass
The High Court may pass any sentence authorized by law.
7. Sentences which subordinate courts may pass
(1) A subordinate court of the first class held by—
(a) a chief magistrate, senior principal magistrate, principal magistrate or
senior resident magistrate may pass any sentence authorized by law
for any offence triable by that court;
(b) a resident magistrate may pass any sentence authorized by law for an
offence under section 278, 308(1) or 322 of the Penal Code or under
the Sexual Offences Act, 2006.
(2) Subject to subsection (1), a subordinate court of the first class may pass
the following sentences in cases where they are authorized by law—
(a) imprisonment for a term not exceeding seven years;
(b) a fine not exceeding twenty thousand shillings;
(c) repealed by Act No. 5 of 2003, s. 60.
(3) A subordinate court of the second class may pass the following sentences
in cases where they are authorized by law—
(a) imprisonment for a term not exceeding two years;
(b) a fine not exceeding ten thousand shillings;
(c) repealed by Act No. 5 of 2003, s. 60.
(4) Deleted by Act No. 5 of 2003, s. 60.
(5) In determining the extent of a court’s jurisdiction under this section to pass a
sentence of imprisonment, the court shall have jurisdiction to pass the full sentence
of imprisonment provided for in this section in addition to any term of imprisonment
which may be awarded in default of payment of a fine, costs or compensation.
[Act No. 42 of 1952, s. 2, Act No. 57 of 1955, s. 4, Act No. 33 of 1963, Sch., Act
No. 17 of 1967, s. 24, Act No. 3 of 1969, s. 6, Act No. 25 of 1971, Sch., Act No. 4 of
1974, Sch., Act No. 18 of 1979, Sch., Act No. 11 of 1983, Sch., Act No. 18 of 1986,
Sch., Act No. 14 of 1991, Sch., Act No. 5 of 2003, s. 60, Act No. 7 of 2007, Sch.]
8. Powers of Judicial Service Commission to extend jurisdiction of
subordinate courts
The Judicial Service Commission may, by notice in the Gazette, extend the
jurisdiction of any particular magistrate under section 7 either generally or in relation
to particular offences triable by a court of a class which may be held by that
magistrate, and a magistrate whose jurisdiction has been so extended may pass
sentences thus authorized in cases where they are authorized by law.
[Act No. 33 of 1963, Sch., Act No. 11 of 1983, Sch.]
C44 - 19
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