CAP. 75 Criminal Procedure Code [Rev. 2012] Costs and Compensation 171. Power to order costs against accused or private prosecutor (1) A judge of the High Court or a magistrate of a subordinate court of the first or second class may order a person convicted before him of an offence to pay to the public or private prosecutor, as the case may be, such reasonable costs as the judge or magistrate may deem fit, in addition to any other penalty imposed. (2) A judge of the High Court or a magistrate of a subordinate court of the first or second class who acquits or discharges a person accused of an offence may, if the prosecution for the offence was originally instituted on a summons or warrant issued by a court on the application of a private prosecutor, order the private prosecutor to pay to the accused such reasonable costs as the judge or magistrate may deem fit: Provided that— (i) the costs shall not exceed twenty thousand shillings in the High Court or ten thousand shillings in the case of an acquittal or discharge by a subordinate court; and (ii) no such order shall be made if the judge or magistrate considers that the private prosecutor had reasonable grounds for making his complaint. (3) Repealed by Act No. 13 of 1967. [Act No. 13 of 1967, Act No. 5 of 2003, s. 77.] 172. Right of appeal from order as to costs An appeal shall lie from an order awarding costs under section 171, if made by a magistrate to the High Court and if by a judge to the Court of Appeal; and the appellate court may give costs of the appeal as it shall deem reasonable. 173. Repealed by Act No. 13 of 1967, s. 5. 174. Costs and compensation to be specified in order, how recoverable (1) Sums allowed for costs awarded under section 171 shall in all cases be specified in the conviction or order. (2) If the person who has been ordered to pay costs fails so to pay, he shall, in default of distress levied in accordance with section 334 of this Code, be liable to imprisonment in accordance with the scale laid down in section 28 of the Penal Code (Cap. 63), unless the costs shall be sooner paid: Provided that in no case shall the period of imprisonment imposed under this section exceed three months. [Act No. 13 of 1967, First Sch., Cap. 63.] 175. Orders for compensation and expenses (1) A court which— (a) on convicting a person of an offence, imposes a fine, or a sentence of which a fine forms part; or (b) on appeal, revision or otherwise, confirms such a sentence, may, when passing judgment, order the whole or any part of the fine recovered to be applied in defraying expenses properly incurred in the prosecution of the offence. [Issue 1] C44 - 66