UGANDA Magistrate Courts Act, Cap. 16 PDF
UGANDA Magistrate Courts Act, Cap. 16 PDF
UGANDA Magistrate Courts Act, Cap. 16 PDF
CHAPTER 16
THE MAGISTRATES COURTS ACT.
http://www.saflii.org/ug/legis/consol_act//mca232/Arrangement of Sections.
Section
Part I—Interpretation.
1. Interpretation.
Part II —Establishment of magistrates courts, appointment of magistrates and law to be
administered.
2. Magisterial areas.
3. Establishment and style of magistrates courts.
4. Appointment and grades of magistrates.
5. Constitution of courts.
6. Assignment of magistrates.
7. Place of sitting.
8. Chief registrar and registrar.
9. How general jurisdiction exercised.
10. Civil customary law and its application.
11. Law and equity.
Part III—Prevention of offences.
12. Security for keeping the peace.
13. Security for good behaviour from persons disseminating seditious and other matters.
14. Security for good behaviour from vagrants and suspected persons.
15. Security for good behaviour from habitual offenders.
16. Order to be made.
17. Procedure in respect of person present in court.
18. Summons or warrant in case of person not so present.
19. Copy of order under section 16 to accompany summons or warrant.
20. Power to dispense with personal attendance.
21. Inquiry as to truth of information.
22. Order to give security.
23. Discharge of person informed against.
24. Commencement of period for which security is required.
25. Contents of bond.
26. Power to reject sureties.
27. Procedure on failure of person to give security.
28. Power to release persons imprisoned for failure to give security.
29. Power of High Court to cancel bond.
30. Discharge of sureties.
Part IV—Place of criminal trials.
31. General authority of magistrates courts.
32. Accused person to be sent to area where offence committed.
33. Removal of accused person under warrant.
34. Ordinary place of trial.
35. Trial at place where act done or consequence of offence ensues.
36. Trial where offence is connected with another offence.
37. Trial where place of offence is uncertain.
38. Offence committed on a journey, etc.
39. High Court to decide in cases of doubt.
40. Court to be open.
41. Power of High Court to change venue.
Part V—Institution of criminal proceedings.
42. Institution of proceedings.
43. Control over private prosecutions.
Part VI—Summons.
44. Form and contents of summons.
45. Service of summons.
46. Service when person cannot be found.
47. Procedure when service cannot be effected.
48. Service on servant of Government, etc.
49. Service on company.
50. Where summons may be served.
51. Proof of service when serving officer not present.
52. Power to dispense with personal attendance of accused.
53. Appearance by a corporation.
Part VII—Warrant of arrest.
54. Warrant after issue of summons.
55. Disobedience of summons.
56. Form, contents and duration of warrant of arrest.
57. Court may direct security to be taken.
58. Warrants, to whom directed.
59. Warrants may be directed to landholders, etc.
60. Execution of warrant directed to police officer.
61. Procedure on execution of warrant.
62. Where warrant of arrest may be executed.
63. Procedure on arrest of person outside jurisdiction.
64. Irregularities in warrant.
65. Power to take bond for appearance.
66. Arrest for breach of bond for appearance.
67. Power of court to order prisoner to be brought before it.
68. Provisions of this Part in relation to summonses and warrants to be generally
applicable.
Part VIII—Searches and search warrants.
69. Search of premises of arrested persons.
70. Power to issue search warrant.
71. Execution of search warrant.
72. Persons in charge of closed place to allow ingress.
73. Detention of property seized.
74. Provisions applicable to search warrants.
Part IX—Provisions as to bail.
75. Release on bail.
76. Restriction on period of pretrial remand.
77. Considerations for bail.
78. Deposit instead of recognisance.
79. Power to order sufficient bail when that first taken is insufficient.
80. Discharge of sureties.
81. Death of surety.
82. Persons bound by recognisance absconding may be committed.
83. Forfeiture of recognisance.
84. Appeal from and revision of orders.
Part X—Charges.
85. Contents of charge.
86. Joinder of counts.
87. Joinder of persons.
88. Rules for framing of charges.
Part XI—Previous conviction or acquittal.
89. Persons convicted or acquitted not to be tried again for same offence.
90. Persons may be tried again for separate offence.
91. Consequences supervening or not known at time of former trial.
92. Where original court was not competent to try subsequent charge.
93. Previous conviction or acquittal, how proved.
Part XII—Witnesses and evidence.
94. Summons for witness.
95. Warrant for witness who disobeys summons.
96. Warrant for witness in first instance.
97. Mode of dealing with witness arrested under warrant.
98. Power of court to order prisoner to be brought up for examination.
99. Penalty for nonattendance of witness.
100. Power to summon material witnesses or examine person present.
101. Evidence to be given on oath.
102. Refractory witnesses.
103. Reports by Government analysts and geologists.
104. Power to take evidence of witnesses in absence of the accused.
105. Issue of commission for examination of witness.
106. Parties may examine witnesses.
107. Power of magistrate to apply for issue of commission.
108. Return of commission.
109. Adjournment of trial for execution and return of commission.
110. Competency of accused as witness.
111. Procedure when person charged is the only witness called.
112. Right of reply.
Part XIII—Procedure in case of the insanity or other incapacity
of an accused person.
113. Inquiry by court as to insanity of accused.
114. Procedure when accused certified as capable of making a defence.
115. Resumption of trial or investigation.
116. Defence of insanity at preliminary proceedings.
117. Defence of insanity on trial.
118. Procedure when accused does not understand proceedings.
Part XIV—Provisions relating to the hearing and determination
of criminal cases.
119. Nonappearance of complainant at hearing.
120. Appearance of both parties.
121. Withdrawal from prosecution in trials before magistrates courts.
122. Adjournments.
123. Nonappearance of parties after adjournment.
124. Accused to be called upon to plead.
125. Nonappearance of accused in petty cases.
126. Procedure on plea of not guilty.
127. Discharge of accused person when no case to answer.
128. Defence.
129. Hostile witness.
130. Evidence in reply.
131. Opening and close of case for prosecution and defence.
132. Amendment of charges.
133. Decision.
134. Drawing up conviction or order.
135. Mode of delivering judgment.
136. Form and contents of judgment.
137. Evidence to be taken in presence of accused.
138. Record of evidence in magistrates courts.
139. Interpretation of evidence to accused or his or her advocate.
140. Interpretation of documents.
141. Age and demeanour of witness.
142. Procedure in case of minor offences.
143. Procedure in trial of petty cases.
144. Conviction or commitment on evidence partly recorded by one magistrate and
partly by another.
145. Person charged may be convicted of a minor offence.
146. Conviction for attempt.
147. Conviction for being an accessory after the fact.
148. Convictions in respect of charges relating to death of child.
149. Person charged with manslaughter may be convicted of certain traffic offences.
150. Persons charged with rape may be convicted under section 128, 129, 132 or
149 of the Penal Code Act.
151. Person charged with incest may be convicted of unlawful carnal knowledge.
152. Person charged with defilement of a girl under fourteen years of age may be
convicted of an offence under section 128 or 132 of the Penal Code Act.
153. Person charged with burglary may be convicted of kindred offence.
154. Person charged with stealing may be convicted of receiving or retaining or
obtaining by false pretences or possessing or conveying stolen property.
155. Person charged with obtaining by false pretences may be convicted of stealing.
156. Construction of sections 145 to 155.
157. Person charged with misdemeanour not to be acquitted if felony proved.
158. Right of accused to be defended.
159. Limitation of time for summary trials in certain cases.
160. Reconciliation.
Part XV—Criminal jurisdiction of magistrates courts.
161. Criminal jurisdiction of magistrates.
162. Sentencing powers of magistrates.
163. Preventive detention.
164. Committal for sentence.
165. Powers of sentencing court.
166. Power of magistrate to remand for lack of jurisdiction.
167. Power to transfer case to superior court.
168. Committal for trial by High Court.
169. Director of Public Prosecutions to determine offences to be committed to High
Court.
170. Transfer of cases to chief magistrate.
171. Power of chief magistrate to transfer cases.
172. Combination of sentences.
173. Sentences requiring confirmation.
174. Release on bail pending confirmation.
175. Sentences in cases of conviction of several offences at one trial.
Part XVI —Provisions relating to sentences imposed by magistrates courts.
176. Warrant in case of sentence of imprisonment.
177. Prisons in which sentences of imprisonment may be served.
178. Mitigation of penalties.
179. Corporal punishment.
180. Fines.
181. Power to allow time to pay fine.
182. Warrant for levy of fine, etc.
183. Commitment.
184. Payment in full after commitment.
185. Part payment after commitment.
186. Sentence of imprisonment in lieu of distress.
187. Objections to attachment.
188. Who may issue warrant.
189. Limitation of imprisonment.
190. Discharge of an offender without punishment.
191. Security for coming up for judgment.
192. Sentences cumulative unless otherwise ordered.
193. Escaped convicts to serve unexpired sentences when recaptured.
194. Police supervision.
Part XVII—Costs, compensation and restitution.
195. Award of costs.
196. Compensation in case of frivolous or vexatious charge.
197. Order for compensation for material loss or personal injury.
198. Recovery of costs and compensation and imprisonment in default.
199. Power of courts to award expenses or compensation out of fine.
200. Property found on accused person.
201. Property stolen.
202. Order for disposal of certain property.
203. Interpretation of “property” in sections 201 and 202.
Part XVIII—Criminal appeals.
204. Criminal appeals.
205. Bail pending appeal.
Part XIX—Reservation of question of law.
206. Reservation of question of law.
Part XX —Civil jurisdiction of magistrates courts and provisions relating to the exercise of
that jurisdiction.
207. Civil jurisdiction of magistrates.
208. Courts to try all civil suits unless barred.
209. Stay of suit.
210. Res judicata.
211. Bar to further suit.
212. Suits to be instituted where subject matter situate.
213. Suits for immovable property situate within jurisdiction of different courts.
214. Suits for compensation for wrongs to person or movables.
215. Other suits to be instituted where defendants reside or cause of action arises.
216. Objections to jurisdiction.
217. Power to transfer suits which may be instituted in more than one court.
218. Power of High Court to withdraw and transfer cases.
219. Rules of court.
Part XXI—Civil appeals.
220. Civil appeals.
Part XXII—Miscellaneous provisions.
221. Supervisory powers of chief magistrates.
222. Court seals.
223. Power to appoint prosecutors.
224. Powers of prosecutors.
225. Obtaining copies or originals of documents in custody of bank.
226. Permission to conduct prosecution.
227. Rules.
228. Power to amend Schedules.
229. Appeals under other written law.
230. Relationship of Act to Criminal Procedure Code Act and Civil Procedure Act.
Schedules
First Schedule
Offences which cannot be tried and provisions which cannot be administered or enforced by
magistrates grades II and III.
Second Schedule
Offences (in addition to those specified in the First Schedule) which cannot be tried and
provisions which cannot be administered or enforced by magistrates grade III.
Third Schedule
Civil Procedure Rules for courts presided over by magistrates grades II and III.
Index
CHAPTER 16
THE MAGISTRATES COURTS ACT.
http://www.saflii.org/ug/legis/consol_act//mca232/Commencement: 22 January, 1971.
An Act to amend and consolidate the law relating to the
establishment, constitution and jurisdiction of, and the practice and
procedure before, magistrates courts and to make provision for other
matters connected therewith or incidental thereto.
Part I—Interpretation.
1. Interpretation.
(1) In this Act, unless the context otherwise requires—
1. “civil customary law” means the rules of conduct which govern legal relationships as
established by custom and usage and not forming part of the common law nor
formally enacted by Parliament;
2. “magisterial area” means any one of the areas into which Uganda is for the time being
divided under section 2;
3. “magistrate’s court” means any court established by or under section 3;
4. “Minister” means the Minister responsible for justice.
(2) Subject to this Act, where in any written law in force on the date
of the coming into force of this Act reference is made to—
1. a court of the first class, second class or third class magistrate, the reference shall be
construed as a reference to a magistrate’s court presided over by a magistrate grade I,
magistrate grade II or magistrate grade III, respectively;
2. a subordinate court, the reference shall be construed as a reference to a magistrate’s
court;
3. a first, second or third class magistrate, the reference shall be construed as a reference
to a magistrate grade I, magistrate grade II or magistrate grade III, respectively;
4. a resident magistrate, the reference shall be construed as a reference to a chief
magistrate.
Part II —Establishment of magistrates courts, appointment of magistrates and law to be
administered.
2. Magisterial areas.
The Minister may, after consultation with the Chief Justice, by statutory instrument divide
Uganda into magisterial areas for the purposes of this Act.
3. Establishment and style of magistrates courts.
There shall be established in such places in each magisterial area as the Minister may, after
consultation with the Chief Justice, by statutory instrument designate magistrates courts to be
known as the magistrates court for the area in respect of which it has jurisdiction.
4. Appointment and grades of magistrates.
1. There shall be appointed such number of magistrates as are in the opinion of the
Minister, after consultation with the Chief Justice, required for the efficient
administration of justice.
2. Magistrates shall be of the following grades—
1. chief magistrate;
2. magistrate grade I;
3. magistrate grade II; and
4. magistrate grade III.
(3) The powers and jurisdiction of a magistrate shall be determined
by the grade of his or her appointment and the powers and jurisdiction
conferred upon that grade by this Act and by any written law for the time
being in force.
5. Constitution of courts.
A magistrate’s court shall be deemed to be duly constituted when presided over by any one
magistrate lawfully empowered to adjudicate in the court.
6. Assignment of magistrates.
Every magistrate appointed under this Act shall be deemed to have been appointed to, and
have jurisdiction in, each and every magisterial area but
may be assigned to any particular magisterial area or to a part of any magisterial area by the
Chief Justice.
7. Place of sitting.
(1) A magistrate’s court—
1. may be held at any place within the local limits of its jurisdiction; or
2. if it appears to the Chief Justice that the interests of justice so require, may be held,
with the written authorisation of the Chief Justice, at a place outside the local limits of
its jurisdiction designated in the authorisation,
and shall be held in such building as the Chief Justice may, from time to time, assign as the
courthouse.
(2) Notwithstanding subsection (1), if a magistrate’s court sits in any
building or place within the local limits of its jurisdiction for the transaction
of legal business, the proceedings shall be as valid in every respect as if they
had been held in a courthouse assigned for that purpose.
8. Chief registrar and registrar.
1. There shall be appointed for every magistrate’s court a fit and proper person to be or
to act as chief registrar or registrar of that court.
2. The chief registrar or registrar shall, subject to the general supervision and control of
the Chief Justice, be under the immediate control and direction of the magistrate
presiding over the court to which he or she is assigned.
3. The offices of chief registrar and registrar of a magistrate’s court shall be offices to
which article 147(3)(b) of the Constitution applies.
9. How general jurisdiction exercised.
The jurisdiction of a magistrate’s court shall, subject to this Act and any other written law
limiting or otherwise relating to the jurisdiction of that court or of the presiding magistrate, be
exercised in conformity with the law with which the High Court is required to conform in
exercising its jurisdiction by the Judicature Act.
http://www.saflii.org/ug/legis/consol_act//ja123/10. Civil customary law and its
application.
1. Subject to this section, nothing in this Act shall deprive a magistrate’s court of the
right to observe and to enforce the observance of, or shall deprive any person of the
benefit of, any civil customary law which may be applicable that is not repugnant to
justice, equity or good conscience or incompatible either in terms or by necessary
implication with any written law for the time being in force.
2. Notwithstanding subsection (1), no party to a civil cause or matter shall be entitled to
claim the benefit of any civil customary law if it appears, either from express contract
or from the nature of the transactions out of which any civil cause or matter shall have
arisen, that he or she agreed or must be taken to have agreed that his or her obligations
in connection with all such transactions should be regulated exclusively by some law
other than civil customary law.
3. In civil causes or matters where no express rule is applicable to any matter in issue, a
magistrate’s court shall be guided by the principles of justice, equity and good
conscience.
11. Law and equity.
1. In every civil cause or matter before a magistrate’s court, law and equity shall be
administered concurrently.
2. A magistrate may, in the exercise of the jurisdiction conferred upon him or her by this
or any other enactment, grant absolutely or on such reasonable terms or conditions as
seem just any remedy or relief, whether interlocutory or final, to which any of the
parties to the cause or matter may be entitled in respect of any legal or equitable claim
or defence properly brought forward or which appears in such cause or matter, so that
as far as possible all matters in dispute between the parties may be completed and
finally decided and all multiplicity of legal proceedings concerning such matters
avoided.
3. If in any cause or matter there is a conflict or variance between the rules of equity and
the rules of common law with reference to the same subject, the rules of equity shall
prevail.
Part III—Prevention of offences.
12. Security for keeping the peace.
1. Whenever a chief magistrate or a magistrate grade I is informed that any person is
likely to commit a breach of the peace or disturb the public tranquillity, or to do any
wrongful act that may probably occasion a breach of the peace or disturb the public
tranquillity, the magistrate may, in the manner hereafter provided, require that person
to show cause why he or she should not be ordered to execute a bond, with or without
sureties, for keeping the peace for such period, not exceeding one year, as the
magistrate thinks fit to fix.
2. Proceedings shall not be taken under this section unless either the person informed
against, or the place where the breach of the peace or the disturbance is apprehended,
is within the local limits of that magistrate’s jurisdiction.
3. When any magistrate not empowered to proceed under subsection (1) has reason to
believe that any person is likely to commit a breach of the peace or disturb the public
tranquillity, or to do any wrongful act that may probably occasion a breach of the
peace or disturb the public tranquillity, and that such breach of the peace or
disturbance cannot be prevented otherwise than by detaining that person in custody,
that magistrate may, after recording his or her reasons, issue a warrant for the person’s
arrest (if he or she is not already in custody or before the court), and may send him or
her before a magistrate empowered to deal with the case, with a copy of the
magistrate’s reasons.
4. A magistrate before whom a person is sent under this section may, in his or her
discretion, detain the person in custody until the completion of the inquiry hereafter
prescribed.
13. Security for good behaviour from persons disseminating seditious
and other matters.
Whenever a chief magistrate or a magistrate grade I has information that there is within the
limits of his or her jurisdiction any person who, within or without those limits, either orally or
in writing or in any other manner— (a) disseminates or attempts to disseminate or in anywise
abets the
dissemination of any seditious matter, that is to say, any matter the publication of which is
punishable under section 40 of the Penal Code Act;
2. consistently disseminates or consistently attempts to disseminate or in anywise
consistently abets the dissemination of any matter which is likely in the opinion of the
magistrate to be dangerous to peace and order within Uganda; or
3. disseminates or attempts to disseminate or in anywise abets the dissemination of any
matter concerning a judge which amounts to libel under the Penal Code Act,
the magistrate may, in the manner hereafter provided, require that person to show cause why
he or she should not be ordered to execute a bond, with or without sureties, for his or her good
behaviour for such period, not exceeding one year, as the magistrate thinks fit to fix.
14. Security for good behaviour from vagrants and suspected persons.
Whenever a chief magistrate or a magistrate grade I receives information—
1. that any person is taking precautions to conceal his or her presence within the local
limits of the magistrate’s jurisdiction, and that there is reason to believe that the person
is taking those precautions with a view to committing any offence; or
2. that there is within those limits a person who has no ostensible means of subsistence,
or who cannot give a satisfactory account of himself or herself,
the magistrate may, in the manner hereafter provided, require that person to show cause why
he or she should not be ordered to execute a bond, with sureties, for his or her good behaviour
for such period, not exceeding one year, as the magistrate thinks fit to fix.
15. Security for good behaviour from habitual offenders.
Whenever a chief magistrate or a magistrate grade I receives information that any person
within the local limits of his or her jurisdiction—
1. is by habit a robber, housebreaker or thief;
2. is by habit a receiver of stolen property, knowing the property to have been stolen;
3. habitually protects or harbours thieves, or aids in the concealment or disposal of stolen
property;
4. habitually commits or attempts to commit, or aids or abets in the commission of, any
offence punishable under Chapter XXIX,
XXXII or XXXV of the Penal Code Act;
5. habitually commits or attempts to commit, or aids or abets in the commission of,
offences involving a breach of the peace; or
6. is so desperate and dangerous as to render his or her being at large without security,
hazardous to the community,
the magistrate may, in the manner hereafter provided, require that person to show cause why
he or she should not be ordered to execute a bond, with sureties, for his or her good behaviour
for such period, not exceeding three years, as the magistrate thinks fit to fix.
16. Order to be made.
When a magistrate acting under section 12, 13, 14 or 15 deems it necessary to require any
person to show cause under such section, the magistrate shall make an order in writing setting
forth—
1. the substance of the information received;
2. the amount of the bond to be executed;
3. the term for which it is to be in force; and
4. the number, character and class of sureties, if any, required.
17. Procedure in respect of person present in court.
If the person in respect of whom that order is made is present in court, it shall be read over to
him or her, or, if he or she so desires, the substance of the order shall be explained to him or
her.
18. Summons or warrant in case of person not so present.
1. If that person is not present in court, the magistrate shall issue a summons requiring
him or her to appear or, when that person is in custody, a warrant directing the officer
in whose custody he or she is to bring him or her before the court.
2. Notwithstanding subsection (1), whenever it appears to the magistrate, upon the report
of a police officer or upon other information (the substance of which report or
information shall be recorded by the magistrate), that there is reason to fear the
commission of a breach of the peace, and that the breach of the peace cannot be
prevented otherwise than by the immediate arrest of that person, the magistrate may at
any time issue a warrant for his or her arrest.
19. Copy of order under section 16 to accompany summons or
warrant.
Every summons or warrant issued under section 18 shall be accompanied by a copy of the
order made under section 16, and that copy shall be delivered by the officer serving or
executing the summons or warrant to the person served with or arrested under it.
20. Power to dispense with personal attendance.
The magistrate may, if he or she sees sufficient cause, dispense with the personal attendance
of any person called upon to show cause why he or she should not be ordered to execute a
bond for keeping the peace, and may permit the person to appear by an advocate.
21. Inquiry as to truth of information.
1. When an order under section 16 has been read or explained under section 17 to a
person in court, or when any person appears or is brought before a magistrate in
compliance with or in execution of a summons or warrant issued under section 18, the
magistrate shall proceed to inquire into the truth of the information upon which the
action has been taken, and to take such further evidence as may appear necessary.
2. The inquiry shall be made, as nearly as may be practicable, in the manner prescribed
in this Act for conducting trials and recording evidence in trials before magistrates
courts.
3. For the purposes of this section, the fact that a person is an habitual offender may be
proved by evidence of general repute or otherwise.
4. Where two or more persons have been associated together in the matter under inquiry,
they may be dealt with in the same or separate inquiries as the magistrate thinks just.
22. Order to give security.
(1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining
good behaviour, as the case may be, that the person in respect of whom the inquiry is made
should execute a bond, with or without sureties, the magistrate shall make an order
accordingly.
2. No person shall be ordered to give security of a nature different from, or of an amount
larger than, or for a period longer than, that specified in the order made under section
16.
3. The amount of every bond shall be fixed with due regard to the circumstances of the
case and shall not be excessive.
4. When the person in respect of whom the inquiry is made is a minor, the bond shall be
executed only by his or her sureties.
5. Any person ordered to give security for good behaviour under this section may appeal
to the High Court.
23. Discharge of person informed against.
If, on an inquiry under section 21, it is not proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be, that the person in respect of whom the
inquiry is made should execute a bond, the magistrate shall make an entry on the record to
that effect, and, if that person is in custody only for the purposes of the inquiry, shall release
him or her, or, if that person is not in custody, shall discharge him or her.
24. Commencement of period for which security is required.
1. If any person in respect of whom an order requiring security is made under section 16
or 22 is, at the time the order is made, sentenced to, or undergoing a sentence of,
imprisonment, the period for which the security is required shall commence on the
expiration of that sentence.
2. In other cases the period shall commence on the date of that order unless the
magistrate, for sufficient reason, fixes a later date.
25. Contents of bond.
(1) The bond to be executed by any such person shall bind him or her to keep the peace or to
be of good behaviour, as the case may be, and the commission or attempt to commit or the
aiding, abetting, counselling or procuring the commission of an offence punishable with
imprisonment, wherever it may be committed, or in the case where a person has been required
to enter into a bond because of the conduct mentioned in section
13(a) or (b), the further dissemination or attempt to disseminate or the abetting of the
dissemination of any seditious matter or any matter which is likely, in the opinion of the
court, to be dangerous to peace and order within Uganda, shall be a breach of the bond.
2. Whenever a chief magistrate or a magistrate grade I receives information that any
person who has executed a bond under section 22 has committed a breach of that
bond, he or she shall, by summons or warrant require that person and his or her
sureties, if any, to appear before him or her and shall inquire into the truth of the
information upon which the summons or warrant was issued in the same manner as
provided in section 21 and if satisfied that there has been a breach of the bond, the
chief magistrate or magistrate grade I shall declare the amount of the bond to be
forfeited and adjudge the persons bound thereby, whether as principal or sureties or
any of them, to pay the sum in which they are respectively bound.
3. A magistrate who declares the amount of a bond to be forfeited may, instead of
adjudging any person to pay the whole sum in which he or she is bound, adjudge that
person to pay part only of the sum or may remit the sum.
4. Payment of any sum adjudged to be paid under this section, including any costs
awarded, may be enforced, collected and applied as if it were a fine and as if the
adjudication were a conviction.
5. Any person aggrieved by an order declaring any bond to be forfeited may appeal to the
High Court.
26. Power to reject sureties.
A magistrate may refuse to accept any surety offered under any of the preceding sections of
this Part of this Act on the ground that, for reasons to be recorded by the magistrate, the surety
is an unfit person.
27. Procedure on failure of person to give security.
(1) If any person ordered to give security as aforesaid does not give that security on or before
the date on which the period for which that security is to be given commences, he or she shall,
except in the case mentioned in subsection (2), be committed to prison, or, if he or she is
already in prison, be detained in prison until that period expires or until within that period he
or she gives the security to the magistrate who made the order requiring it.
2. When such person has been ordered by a magistrate to give security for a period
exceeding one year, the magistrate shall, if that person does not give such security as
aforesaid, issue a warrant directing him or her to be detained in prison pending the
order of the High Court, and the proceedings shall be laid as soon as conveniently may
be before that court.
3. The High Court, after examining such proceedings and requiring from the magistrate
any further information or evidence which it thinks necessary, may make such order in
the case as it thinks fit.
4. The period, if any, for which any person is imprisoned for failure to give security shall
not exceed three years.
5. If the security is tendered to the officer in charge of the prison, the officer shall
forthwith refer the matter to the magistrate who made the order and shall await the
orders of that magistrate.
28. Power to release persons imprisoned for failure to give security.
Whenever a chief magistrate or magistrate grade I is of the opinion that any person
imprisoned for failing to give security may be released without hazard to the community, the
magistrate may, if he or she thinks fit, order that person to be discharged.
29. Power of High Court to cancel bond.
The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any
bond for keeping the peace or for good behaviour executed under any of the preceding
sections by order of any court.
30. Discharge of sureties.
1. Any surety for keeping the peace or good behaviour of another person may at any time
apply to a chief magistrate or a magistrate grade I to cancel any bond executed under
any of the preceding sections within the local limits of his or her jurisdiction.
2. On that application being made, the magistrate shall issue a summons or warrant, as he
or she thinks fit, requiring the person for whom
the surety is bound to appear or to be brought before the magistrate.
3. When that person appears or is brought before the magistrate, the magistrate shall
cancel the bond and shall order the person to give, for the unexpired portion of the
term of the bond, fresh security of the same description as the original security.
4. Every such order shall, for the purposes of sections 25, 26, 27 and 28 be deemed to be
an order made under section 22.
Part IV—Place of criminal trials.
31. General authority of magistrates courts.
Every magistrate’s court has authority to cause to be brought before it any person who is
within the local limits of its jurisdiction and is charged with an offence committed within
Uganda, or which according to law may be dealt with as if it had been committed within
Uganda, and to deal with the accused person according to its jurisdiction.
32. Accused person to be sent to area where offence committed.
Where a person accused of having committed an offence within Uganda has escaped or is
removed from the area within which the offence was committed and is found within another
area, the magistrate’s court within whose jurisdiction the person is found shall cause him or
her to be brought before it and shall, unless authorised to proceed in the case, send the person
in custody to the court within whose jurisdiction the offence is alleged to have been
committed, or require the person to give security for his or her surrender to that court there to
answer the charge and to be dealt with according to law.
33. Removal of accused person under warrant.
1. Where any person is to be sent in custody in pursuance of section 32, a warrant shall
be issued by the court within whose jurisdiction the person is found, and that warrant
shall be sufficient authority to any person to whom it is directed to receive and detain
the person named in it and to carry him or her and deliver him or her up to the court
within whose jurisdiction the offence was committed or may be inquired into or tried.
2. The person to whom the warrant is directed shall execute it
according to its tenor without delay.
34. Ordinary place of trial.
Subject to the provisions relating to transfer conferred by this Act, every offence shall
ordinarily be inquired into or tried by a court within the local limits of whose jurisdiction it
was committed.
35. Trial at place where act done or consequence of offence ensues.
When a person is accused of the commission of any offence by reason of anything which has
been done or of any consequence which has ensued, the offence may be inquired into or tried
by a court within the local limits of whose jurisdiction any such thing has been done or any
such consequence has ensued.
36. Trial where offence is connected with another offence.
When an act is an offence by reason of its relation to any other act which is also an offence or
which would be an offence if the doer were capable of committing an offence, a charge of the
first-mentioned offence may be inquired into or tried by a court within the local limits of
whose jurisdiction either act was done.
37. Trial where place of offence is uncertain.
When—
1. it is uncertain in which of several local areas an offence was committed;
2. an offence is committed partly in one local area and partly in another;
3. an offence is a continuing one and continues to be committed in more local areas than
one; or
(d) an offence consists of several acts done in different local areas,
the offence may be inquired into or tried by a court having jurisdiction over
any of those local areas.
38. Offence committed on a journey, etc.
An offence committed while the offender is in the course of performing a journey, voyage or
flight may be inquired into or tried by a court through or
into the local limits of whose jurisdiction the offender or the person against whom or the thing
in respect of which the offence was committed passed in the course of that journey, voyage or
flight.
39. High Court to decide in cases of doubt.
1. Whenever any doubt arises as to the court by which any offence should be tried, any
court entertaining that doubt may, in its discretion, report the circumstances to the
High Court, and the High Court shall decide by which court the offence shall be tried.
2. Any such decision of the High Court shall be final and conclusive, except that it shall
be open to an accused person to show that no court in Uganda has jurisdiction in the
case.
40. Court to be open.
1. The place in which any criminal court is held for the purpose of trying any offence
shall be deemed an open court to which the public generally may have access, so far as
the court can conveniently contain them; but the magistrate may, if he or she thinks fit,
order at any stage of the inquiry into or trial of any particular case that the public
generally or any particular person shall not have access to or be or remain in the room
or building used by the court.
2. Any magistrate’s court for the purpose of inquiring into or trying any offence may sit
on a Sunday or a public holiday, and no finding, sentence or order made or passed by a
court of competent jurisdiction shall be reversed or altered only by reason of the fact
that it was made or passed on a Sunday or a public holiday; but the court shall not sit
on a Sunday or a public holiday unless, in the opinion of the court, the omission to do
so would cause an amount of delay, expense or inconvenience which in the
circumstances of the case would be unreasonable.
41. Power of High Court to change venue.
(1) Whenever it is made to appear to the High Court—
1. that a fair and impartial trial or inquiry cannot be had in any magistrate’s court;
2. that some question of law of unusual difficulty is likely to arise;
3. that a view of the place in or near which any offence has been
committed may be required for the satisfactory inquiry into or trial of the offence;
4. that an order under this section will tend to the general convenience of the parties or
witnesses; or
5. that such an order is expedient for the ends of justice or is required by any provision of
this Act,
it may order—
6. that any offence be tried or inquired into by any court not empowered under the
preceding sections of this Part of this Act, but in other respects competent to inquire
into or try that offence;
7. that any particular criminal case or class of cases be transferred from a criminal court
subordinate to its authority to any other such criminal court of equal or superior
jurisdiction;
(h) that an accused person be committed for trial to itself.
2. The High Court may act either on the report of the lower court or on the application of
a party interested or on its own initiative.
3. Every application for the exercise of the power conferred by this section shall be made
by motion, which shall, except when the applicant is the Director of Public
Prosecutions, be supported by affidavit.
4. Every accused person making any such application shall give to the Director of Public
Prosecutions notice in writing of the application, together with a copy of the grounds
on which it is made; and no order shall be made on the merits of the application unless
at least twenty-four hours have elapsed between the giving of the notice and the
hearing of the application.
5. When an accused person makes any such application, the High Court may direct him
or her to execute a bond, with or without sureties, conditioned that he or she will, if
convicted, pay the costs of the prosecutor.
Part V—Institution of criminal proceedings.
42. Institution of proceedings.
(1) Criminal proceedings may be instituted in one of the following ways—
(a) by a police officer bringing a person arrested with or without a warrant before a magistrate
upon a charge;
2. by a public prosecutor or a police officer laying a charge against a person before a
magistrate and requesting the issue of a warrant or a summons; or
3. by any person, other than a public prosecutor or a police officer, making a complaint
as provided in subsection (3) and applying for the issue of a warrant or a summons in
the manner hereafter mentioned.
2. The validity of any proceedings instituted or purported to be instituted under
subsection (1) shall not be affected by any defect in the charge or complaint or by the
fact that a summons or warrant was issued without any complaint or charge or, in the
case of a warrant, without a complaint on oath.
3. Any person, other than a public prosecutor or a police officer, who has reasonable and
probable cause to believe that an offence has been committed by any person may
make a complaint of the alleged offence to a magistrate who has jurisdiction to try or
inquire into the alleged offence, or within the local limits of whose jurisdiction the
accused person is alleged to reside or be. Every such complaint may be made orally or
in writing signed by the complainant, but if made orally shall be reduced into writing
by the magistrate and when so reduced shall be signed by the complainant.
4. Upon receiving a complaint under subsection (3), the magistrate shall consult the local
chief of the area in which the complaint arose and put on record the gist of that
consultation; but where the complaint is supported by a letter from the local chief, the
magistrate may dispense with the consultation and thereafter put that letter on record.
5. After satisfying himself or herself that prima facie the commission of an offence has
been disclosed and that the complaint is not frivolous or vexatious, the magistrate shall
draw up and shall sign a formal charge containing a statement of the offence or
offences alleged to have been committed by the accused.
6. Where a charge has been—
1. laid under the provisions of subsection (1)(b); or
2. drawn up under the provisions of subsection (5), the magistrate shall issue either a
summons or a warrant, as he or she shall deem fit, to compel the attendance of the
accused person before the court over which he or she presides, or if the offence
alleged appears to be one
which the magistrate is not empowered to try or inquire into, before a competent court having
jurisdiction; except that a warrant shall not be issued in the first instance unless the charge is
supported by evidence on oath, either oral or by affidavit.
7. Notwithstanding subsection (6), a magistrate receiving any charge or complaint may,
if he or she thinks fit for reasons to be recorded in writing, postpone the issuing of a
summons or warrant and may direct an investigation, or further investigation, to be
made by the police into that charge or complaint; and a police officer receiving such a
direction shall investigate or further investigate the charge or complaint and report to
the court issuing the direction.
8. Without prejudice to section 13 of the Criminal Procedure Code Act, nothing in
subsection (6) shall authorise a police officer to make an arrest without a warrant for
an offence other than a cognisable offence.
9. A summons or warrant may be issued on a Sunday.
10. Nothing in this section shall be so construed as to affect the powers conferred upon
justices of the peace by the Justices of the Peace Act.
43. Control over private prosecutions.
(1) Where criminal proceedings have been instituted by a person
other than a public prosecutor or a police officer under section 42, the
Director of Public Prosecutions may—
1. take over and continue the conduct of those proceedings at any stage before the
conclusion of the proceedings;
2. discontinue the prosecution of the proceedings at any stage of an inquiry or a trial
before a magistrate’s court; and
3. require such person in relation to those proceedings— (i) to give him or her all
reasonable information and
assistance; and (ii) to furnish him or her with any documents or other matters and things in the
person’s possession or under his or her control.
(2) Where the prosecution of any proceedings has been discontinued
under subsection (1)(b), section 121 shall apply as if there had been a
withdrawal from the prosecution under that section.
(3) For the purposes of this section, criminal proceedings means proceedings before a
magistrate’s court and before any court by which an appeal may be heard or a power of
revision exercised, and criminal proceedings shall not be deemed to be concluded until no
further appeal or petition for revision can be made in the course of the proceedings.
Part VI—Summons.
44. Form and contents of summons.
1. Every summons issued by a magistrate’s court under this Act shall be in writing, in
duplicate, signed and sealed by the magistrate or by such other officer as the Chief
Justice may from time to time direct.
2. Every summons shall be directed to the person summoned and shall require him or her
to appear at a time and place to be appointed in it before a court having jurisdiction to
inquire into and deal with the complaint or charge.
3. It shall state shortly the offence with which the person against whom it is issued is
charged.
45. Service of summons.
1. Every summons shall be served by a police officer or by an officer of the court issuing
it or by other public servant and shall, if practicable, be served personally on the
person summoned by delivering or tendering to him or her the duplicate of the
summons.
2. Every person on whom a summons is so served shall, if so required by the serving
officer, sign a receipt for it on the back of the original summons.
46. Service when person cannot be found.
Where the person summoned cannot, by the exercise of due diligence, be found, the summons
may be served by leaving the duplicate for the person with some adult member of his or her
family or with his or her servant residing with him or her or with his or her employer; and the
person with whom the summons is so left shall, if so required by the serving officer, sign
a receipt for it on the back of the original summons.
47. Procedure when service cannot be effected.
If service in the manner provided by sections 45 and 46 cannot, by the exercise of due
diligence, be effected, the serving officer shall affix the duplicate of the summons to some
conspicuous part of the house or homestead in which the person summoned ordinarily resides,
and thereupon the summons shall be deemed to have been duly served.
48. Service on servant of Government, etc.
1. Where the person summoned is in the active service of the Government or of the East
African Community, the court issuing the summons shall ordinarily send it in
duplicate to the head of the office in which that person is employed, and the head shall
thereupon cause the summons to be served in the manner provided by section 45, and
shall return it to the court under his or her signature with the endorsement required by
that section.
2. That signature shall be evidence of the service.
49. Service on company.
Service of a summons on an incorporated company or other body corporate may be effected
by serving it on the secretary, local manager or other principal officer of the corporation or by
registered letter addressed to the chief officer of the corporation at the registered office of the
company or body corporate in Uganda. In the latter case service shall be deemed to have been
effected when the letter would arrive in the ordinary course of post.
50. Where summons may be served.
A summons may be served at any place in Uganda.
51. Proof of service when serving officer not present.
(1) Where the officer who has served a summons is not present at the hearing of the case, and
in any case where a summons issued by a court has been served outside the local limits of its
jurisdiction, an affidavit purporting to be made before a magistrate that the summons has been
served, and the
original of the summons purporting to be endorsed in the manner hereinbefore provided by
the person to whom it was delivered or tendered or with whom it was left, shall be admissible
in evidence; and the statements made in the affidavit shall be deemed to be correct unless the
contrary is proved.
2. If the original is not endorsed in the manner hereinbefore provided, the affidavit shall
be admissible in evidence if the court is satisfied from the statements made in it that
service of the summons has been effected in accordance with the foregoing provisions
of this Act.
3. The affidavit mentioned in this section may be attached to the original of the summons
and returned to the court.
52. Power to dispense with personal attendance of accused.
1. When a magistrate issues a summons in respect of any offence other than a felony, the
magistrate may, if he or she sees reason to do so, dispense with the personal
appearance of the accused, subject to the accused pleading guilty in writing addressed
to the court prior to the trial or to his or her appearance at the trial by an advocate.
2. The magistrate inquiring into or trying any case may, in his or her discretion, at any
subsequent stage of the proceedings, direct the personal attendance of the accused,
and, if necessary, enforce that attendance in a manner hereafter provided; but no such
warrant shall be issued unless a complaint or charge has been made upon oath.
3. If a magistrate imposes a fine on an accused person whose personal attendance has
been dispensed with under this section, and the fine is not paid within the time
prescribed for the payment, the magistrate may forthwith issue a summons calling
upon the accused person to show cause why he or she should not be committed to
prison for such period as the magistrate may then prescribe.
4. If the accused person does not attend upon the return of the summons, the magistrate
may forthwith issue a warrant and commit that person to prison for such period as the
magistrate may then fix.
5. If, in any case in which under this section, the attendance of an accused person is
dispensed with, previous convictions are alleged against
that person and are not admitted in writing or through the person’s advocate, the magistrate
may adjourn the proceedings and direct the personal attendance of the accused, and, if
necessary, enforce that attendance in a manner hereafter provided.
(6) Whenever the attendance of an accused has been so dispensed with, and his or her
attendance is subsequently required, the cost of any adjournment for that purpose shall be
borne in any event by the accused.
53. Appearance by a corporation.
1. Appearance before a magistrate’s court by a corporation in criminal proceedings shall
be by an advocate or by any officer of the corporation.
2. Notwithstanding anything contained in the articles of association, byelaws or other
document governing the constitution of the corporation, and notwithstanding anything
in any other law contained, an officer appearing in court on behalf of a corporation
shall be deemed so to appear with the full authority of the corporation, and to have full
power to represent the corporation.
Part VII—Warrant of arrest.
54. Warrant after issue of summons.
Notwithstanding the issue of a summons, a warrant may be issued at any time before or after
the time appointed in the summons for the appearance of the accused.
55. Disobedience of summons.
1. If the accused person, other than a corporation, does not appear at the time and place
appointed in and by the summons, and his or her personal attendance has not been
dispensed with under section 52, the court may issue a warrant to apprehend the
accused person and cause him or her to be brought before the court.
2. If a corporation does not appear in the manner provided for under this Act, the court
may cause any officer of the corporation to be summoned before it in the manner
provided for under this Act for compelling the
attendance of witnesses, and if the officer fails to attend, he or she may be dealt with under
subsection (1).
3. In this section and in section 53, “officer of the corporation” means any director, any
member of the board of management by whatever name or style designated and the
secretary.
4. A warrant shall not be issued under this section for the arrest of any person unless the
court is satisfied by evidence on oath that the summons directed to that person was
duly served.
5. Nothing in this section shall affect the power of a court to deal with a case in the
absence of the accused person, whether an individual or a corporation, in the manner
provided for by sections 123 and 125.
56. Form, contents and duration of warrant of arrest.
1. Every warrant of arrest shall be under the hand of the magistrate issuing it and shall
bear the seal of the court.
2. Every warrant shall state shortly the offence with which the person against whom it is
issued is charged, and shall name or otherwise describe that person, and it shall order
the person or persons to whom it is directed to apprehend the person against whom it
is issued and bring him or her before the court issuing the warrant or before some
other court having jurisdiction in the case, to answer to the charge mentioned in it and
to be further dealt with according to law.
3. Every such warrant shall remain in force until it is executed or until it is cancelled by
the court which issued it.
57. Court may direct security to be taken.
(1) Any magistrates court issuing a warrant for the arrest of any person in respect of any
offence other than an offence punishable by death may in its discretion direct by endorsement
on the warrant that, if that person executes a bond with sufficient sureties for his or her
attendance before the court at a specified time and thereafter until otherwise directed by the
court, the officer to whom the warrant is directed shall take that security and shall release the
person from custody.
(2) The endorsement shall state—
1. the number of sureties;
2. the amount in which they and the person for whose arrest the warrant is issued are to
be respectively bound; and
3. the time at which such person is to attend before the court.
(3) Whenever security is taken under this section the officer to whom
the warrant is directed shall forward the bond to the court.
58. Warrants, to whom directed.
1. A warrant of arrest may be directed to one or more police officers or chiefs named in it
or generally to all police officers or chiefs.
2. Any court issuing such a warrant may, if its immediate execution is necessary and no
police officer or chief is immediately available, direct it to any other person, and that
person shall execute the warrant.
3. When a warrant is directed to more officers or persons than one, it may be executed by
all or by any one or more of them.
59. Warrants may be directed to landholders, etc.
1. A chief magistrate may direct a warrant to any landholder, farmer or manager of land
within the local limits of the magistrate’s jurisdiction for the arrest of any escaped
convict, proclaimed offender or person who has been accused of a cognisable offence
and has eluded pursuit.
2. That landholder, farmer or manager shall acknowledge in writing the receipt of the
warrant and shall execute it if the person for whose arrest it was issued is in or enters
on his or her land or farm or the land under his or her charge.
3. When the person against whom the warrant is issued is arrested, he or she shall be
made over with the warrant to the nearest police officer, who shall cause him or her to
be taken before a magistrate having jurisdiction, unless security is taken under section
57.
60. Execution of warrant directed to police officer.
A warrant directed to a police officer may also be executed by any other
police officer whose name is endorsed upon the warrant by the officer to whom it is directed
or endorsed, and similarly, a warrant directed to a chief may be executed by any other chief
whose name is endorsed on the warrant by the chief to whom it was directed or endorsed.
61. Procedure on execution of warrant.
The police officer or other person executing a warrant of arrest shall notify the substance of
the warrant to the person to be arrested, and, if so required, shall show him or her the warrant
and shall (subject to section 57 as to security) without unnecessary delay bring the person
arrested before the court before which he or she is required by law to produce that person.
62. Where warrant of arrest may be executed.
A warrant of arrest may be executed at any place in Uganda.
63. Procedure on arrest of person outside jurisdiction.
1. When a warrant of arrest is executed outside the local limits of the jurisdiction of the
court by which it was issued, the person arrested shall, unless the court which issued
the warrant is within twenty miles of the place of arrest, or is nearer than the
magistrate within the local limits of whose jurisdiction the arrest was made, or unless
security is taken under section 57, be taken before the magistrate within the local
limits of whose jurisdiction the arrest was made.
2. That magistrate shall, if the person arrested appears to be the person intended by the
court which issued the warrant, direct his or her removal in custody to that court;
except that if the person has been arrested for an offence other than murder, treason or
rape, and he or she is ready and willing to give bail to the satisfaction of the
magistrate, or if a direction has been endorsed under section 57 on the warrant and the
person is ready and willing to give the security required by that direction, the
magistrate shall take such bail or security, as the case may be, and shall forward the
bond to the court which issued the warrant.
3. Nothing in this section shall be deemed to prevent a police officer from taking security
under section 57.
64. Irregularities in warrant.
Any irregularity or defect in the substance or form of a warrant, and any variance between it
and the written complaint or information, or between either and the evidence produced on the
part of the prosecution at any inquiry or trial, shall not affect the validity of any proceedings
at or subsequent to the hearing of the case; but if any such variance appears to the court to be
such that the accused has been deceived or misled by the variance, the court may, at the
request of the accused, adjourn the hearing of the case to some future date and in the
meantime remand the accused or admit him or her to bail.
65. Power to take bond for appearance.
Where any person for whose appearance or arrest a magistrate is empowered to issue a
summons or warrant is present in court, the magistrate may require that person to execute a
bond, with or without sureties, for his or her appearance in the court.
66. Arrest for breach of bond for appearance.
When any person who is bound by any bond taken under this Act to appear before a court
does not so appear, the magistrate presiding in that court may issue a warrant directing that
that person be arrested and produced before him or her.
67. Power of court to order prisoner to be brought before it.
1. Where any person for whose appearance or arrest a magistrate is empowered to issue a
summons or warrant is confined in any prison, the magistrate may issue an order to the
officer in charge of that prison requiring him or her to bring that prisoner in proper
custody, at a time to be named in the order, before the court.
2. Where an order is directed to an officer in charge of a prison beyond the local limits of
the jurisdiction of the court issuing the order, the court shall send the order for
endorsement to a magistrate within the local limits of whose jurisdiction the order is to
be executed.
3. That endorsement shall be sufficient authority to the officer in charge of the prison to
whom the order is directed to execute the order.
(4) The officer so in charge, on receipt of such order, shall act in accordance with it, and shall
provide for the safe custody of the prisoner during his or her absence from the prison for the
purpose of the order.
68. Provisions of this Part in relation to summonses and warrants to be
generally applicable.
The provisions contained in this Part of this Act relating to a summons and warrant, and their
issue, service and execution, shall, so far as may be, apply to every summons and every
warrant of arrest issued under this Act or by a justice of the peace, and, except insofar as those
provisions may be inconsistent with any other law, the powers of a magistrate or court in
relation to the issuing or endorsing of a summons or warrant may be exercised by a justice of
the peace.
Part VIII—Searches and search warrants.
69. Search of premises of arrested persons.
When a police officer has reason to believe that material evidence can be obtained in
connection with an offence for which an arrest has been made or authorised, any police
officer may search the dwelling or place of business of the person so arrested or of the person
for whom the warrant of arrest has been issued and may take possession of anything which
might reasonably be used as evidence in any criminal proceedings.
70. Power to issue search warrant.
Where it is proved on oath to a magistrate’s court that in fact or according to reasonable
suspicion anything upon, by or in respect of which an offence has been committed or anything
which is necessary to the conduct of an investigation into any offence is in any building,
vessel, carriage, box, receptacle or place, the court may by warrant (called a search warrant)
authorise the person to whom the warrant is directed to search the building, vessel, carriage,
box, receptacle or place (which shall be named or described in the warrant) for any such thing
and, if anything searched for is found, to seize it and carry it before the court issuing the
warrant or some other court to be dealt with according to law.
71. Execution of search warrant.
Every search warrant may be issued and executed on a Sunday, and shall be executed between
the hours of sunrise and sunset; but the court may, by the warrant, in its discretion, authorise
the police officer or other person to whom it is addressed to execute it at any hour.
72. Persons in charge of closed place to allow ingress.
1. Whenever any building or other place liable to search is closed, any person residing in
or being in charge of that building or place shall, on demand of the police officer or
other person executing the search warrant, and on production of the warrant, allow
him or her free ingress to it and egress from it and afford all reasonable facilities for a
search in it.
2. If ingress into or egress from that building or other place cannot be so obtained, the
police officer or other person executing the search warrant may proceed in the manner
prescribed by section 3 or 4 of the Criminal Procedure Code Act.
3. Where any person in or about such building or place is reasonably suspected of
concealing about his or her person any article for which search should be made, that
person may be searched. If that person is a woman, the provisions of section 8 of the
Criminal Procedure Code Act shall be observed.
73. Detention of property seized.
1. When any such thing is seized and brought before a court, it may be detained until the
conclusion of the case or the investigation, reasonable care being taken for its
preservation.
2. If any appeal is made, or if any person is committed for trial, the court may order it to
be further detained for the purpose of the appeal or the trial.
3. If no appeal is made, or if no person is committed for trial, the court shall direct such
thing to be restored to the person from whom it was taken, unless the court sees fit or
is authorised or required by law to dispose of it otherwise.
74. Provisions applicable to search warrants.
Sections 56(1) and (3), 58, 60 and 62 shall, so far as may be, apply to all search warrants
issued under section 70.
Part IX—Provisions as to bail.
75. Release on bail.
1. A magistrate’s court before which a person appears or is brought charged with any
offence other than the offences specified in subsection (2) may, at any stage in the
proceedings, release the person on bail, on taking from him or her a recognisance
consisting of a bond with or without sureties, for such an amount as is reasonable in
the circumstances of the case to appear before the court, on such a date and at such a
time as is named in the bond.
2. The offences excluded from the grant of bail under subsection (1) are as follows—
1. that the signature on any such report as is mentioned in subsection (1) is genuine and
that the person signing it held the office which he or she professed to hold at the time
when he or she signed it; and
2. that any matter or thing to which the report relates has, if it is proved to have been
delivered at the office or laboratory specified in the report, been duly submitted for
examination or analysis.
3. The examination or analysis, or any part of the examination or analysis on which any
such report as is mentioned in subsection (1) is based may be made by the person
signing the report or by any person acting under his or her direction.
4. In this section—
1. the order so made shall be sufficient authority for the removal of the person to whom
it relates to the place of detention specified in the order so made or varied and for his
or her detention there; or
2. any person removed or detained under the authority of any such order shall be deemed
to be in lawful custody.
Part XIV—Provisions relating to the hearing and determination
of criminal cases.
119. Nonappearance of complainant at hearing.
1. If, in any case which a magistrate’s court has jurisdiction to hear and determine, the
accused person appears in obedience to the summons served upon him or her at the
time and place appointed in the summons for the hearing of the case, or is brought
before the court under arrest, then, if the prosecutor, having had notice of the time and
place appointed for the hearing of the charge, does not appear, the court shall dismiss
the charge, unless for some reason it shall think it proper to adjourn the hearing of the
case until some other date, upon such terms as it shall think fit, in which event it may,
pending such adjourned hearing, either admit the accused to bail or remand the
accused to prison, or take such security for his or her appearance as the court shall
think fit.
2. The dismissal of a charge under this section shall not operate as a bar to subsequent
proceedings against the accused person on account of the
same facts.
120. Appearance of both parties.
If at the time appointed for the hearing of the case both the prosecutor and the accused person
appear before the court which is to hear and determine the charge, or if the prosecutor appears
and the personal attendance of the accused person has been dispensed with under section 52,
the court shall proceed to hear the case.
121. Withdrawal from prosecution in trials before magistrates courts.
In any proceeding before a magistrate’s court the prosecutor may, with the consent of the
court or on the instructions of the Director of Public Prosecutions, at any time before
judgment is pronounced, withdraw from the prosecution of any person; and upon that
withdrawal—
1. if it is made before the accused person is called upon to make his or her defence, he or
she shall be discharged, but the discharge of an accused person shall not operate as a
bar to subsequent proceedings against him or her on account of the same facts;
2. if it is made after the accused person is called upon to make his or her defence, he or
she shall be acquitted.
122. Adjournments.
1. Before or during the hearing of any case, the court may adjourn the hearing if
sufficient cause is shown, on due application made in open court for the adjournment;
but when the hearing of evidence has first begun the trial shall be continued from day-
to-day until the trial is concluded, unless the court finds the adjournment of the trial
beyond the following day to be necessary for reasons to be recorded.
2. Where a hearing is adjourned under this section, the court shall appoint a time and
place for the resumption of the proceedings; and in the meantime the court may,
subject to section 75(1), suffer the accused person to go at large or may, by warrant,
remand him or her in some prison, remand home or other suitable place, or may
release him or her upon entering into a recognisance with or without sureties, at the
discretion of the court, conditioned for his or her appearance at the time and place to
which the hearing or further hearing shall be adjourned; but no such adjournment shall
be for more than thirty clear days, or if the accused person has been
committed to prison or other place of security, for more than fifteen clear days, the day
following that on which the adjournment is made being counted as the first day.
123. Nonappearance of parties after adjournment.
1. If, at the time or place to which the hearing or further hearing shall be adjourned, the
accused person shall not appear before the court which shall have made the order of
adjournment, that court may, unless the accused person is charged with a felony,
proceed with the hearing or further hearing as if the accused were present; and if the
complainant shall not appear, the court may dismiss the charge with or without costs
as the court shall think fit.
2. If the court convicts the accused person in his or her absence, it may set aside the
conviction upon being satisfied that the absence was from causes over which he or she
had no control, and that he or she had a probable defence on the merits.
3. Any sentence passed under subsection (1) shall be deemed to commence from the date
of apprehension, and the person effecting the apprehension shall endorse the date of
the apprehension on the back of the warrant of commitment.
4. If the accused person who has not appeared as aforesaid is charged with a felony, or if
the court in its discretion refrains from convicting the accused in his or her absence,
the court shall issue a warrant for the apprehension of the accused person and cause
the accused person to be brought before the court.
124. Accused to be called upon to plead.
1. The substance of the charge shall be stated to the accused person by the court, and the
accused person shall be asked whether he or she admits or denies the truth of the
charge.
2. If the accused person admits the truth of the charge, the admission shall be recorded as
nearly as possible in the words used by him or her, and the court shall convict him or
her, and pass sentence upon or make an order against him or her, unless there shall
appear to it sufficient cause to the contrary.
3. If the accused person does not admit the truth of the charge, the court shall record a
plea of not guilty and shall proceed to hear the case as hereafter in this Act provided.
4. If the accused person refuses to plead, the court shall order a plea of not guilty to be
entered for him or her.
5. If the accused pleads—
(a) that he or she has been previously convicted or acquitted, as the
case may be, of the same offence; or
(b) that he or she has obtained a pardon for his or her offence,
the court shall try whether that plea is true in fact or not, and if the court
holds that the facts alleged by the accused do not prove the plea, or if it finds
that it is false in fact, the accused shall be required to plead to the charge.
125. Nonappearance of accused in petty cases.
1. In any case where a person is charged with an offence under the Traffic and Road
Safety Act, or any Act replacing or amending that Act, or with any other offence under
any other written law which the Minister, after consulting the Chief Justice, has by
statutory instrument, declared may be dealt with under this section, if the magistrate is
satisfied by evidence on oath that the accused person has been served with a summons
relating to the offence in question then the magistrate, if the accused person does not
appear on the date and at the time he or she has been summoned, may, in the absence
of the accused person, hear the evidence for the prosecution and if satisfied that the
evidence proves that the accused person committed the offence with which he or she is
charged convict and sentence him or her.
2. The magistrate in any such case shall not sentence the accused person to a term of
imprisonment either directly or in default of the payment of a fine or to a fine greater
than one hundred shillings.
3. If the court convicts the accused person in his or her absence, it may set aside the
conviction upon being satisfied that his or her absence was from causes over which he
or she had no control, and that he or she had a probable defence on the merits.
126. Procedure on plea of not guilty.
1. If the accused person does not admit the truth of the charge, the court shall proceed to
hear the evidence for the prosecution.
2. The accused person or his or her advocate may put questions to each witness produced
against him or her.
3. If the accused person does not employ an advocate, the court shall, at the close of the
examination of each witness for the prosecution, ask the accused person whether he or
she wishes to put any questions to that witness and shall record his or her answer.
127. Discharge of accused person when no case to answer.
If at the close of the evidence in support of the charge it appears to the court that a case is not
made out against the accused person sufficiently to require him or her to make a defence, the
court shall dismiss the case and shall forthwith acquit him or her.
128. Defence.
1. At the close of the evidence in support of the charge, if it appears to the court that a
case is made out against the accused person sufficiently to require him or her to make
a defence, the court shall again explain the substance of the charge to the accused, and
shall inform him or her that he or she has the right to give evidence on oath from the
witness box and that, if he or she does so, he or she will be liable to cross-
examination, or to make a statement not on oath from the dock, and shall ask the
accused whether he or she has any witnesses to examine or other evidence to adduce
in his or her defence; and the court shall then hear the accused and his or her witnesses
and other evidence.
2. In any case where there is more than one accused person, the court may either hear
each accused person and his or her witnesses, if any, in turn or may, if it appears more
convenient, hear all the accused persons and then hear all their witnesses.
3. If the accused person states that he or she has witnesses to call but that they are not
present in court, and the court is satisfied that the absence of those witnesses is not due
to any fault or neglect of the accused person,
and that there is a likelihood that they could, if present, give material evidence on behalf of
the accused person, the court may adjourn the trial and issue process, or take other steps, to
compel the attendance of those witnesses.
129. Hostile witness.
Where the court declares that a witness called by a party is hostile to that party (whether
because his or her testimony in court conflicts with any statement he or she has made during
the police investigation or for any other reason), it may permit the party to conduct the
examination-in-chief by that party as if it were a cross-examination and may determine the
order of the witness’ examination by the other parties.
130. Evidence in reply.
If the accused person adduces evidence in his or her defence introducing new matter which
the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may
allow the prosecutor to adduce evidence in reply to contradict the new matter.
131. Opening and close of case for prosecution and defence.
1. The prosecutor and the accused person shall be entitled to address the court at the
commencement of their respective cases.
2. After the close of the accused person’s case, the accused person shall be entitled to
address the court, and the prosecutor shall then be entitled to reply; but if the accused
person adduces no evidence or no evidence other than evidence given by himself or
herself, the accused person shall, subject to section 112 and subsection (3), be entitled
to the right of reply.
3. Notwithstanding subsection (2), where any issue of law is raised by a person with a
right of reply in the course of that reply, the court may, in its discretion, give to any
other person having a right of address leave to address the court on that issue of law.
4. Where a right of address or reply is conferred by this section upon a prosecutor or any
accused person, that right may be exercised by an advocate representing the prosecutor
or accused person.
132. Amendment of charges.
(1) Where, at any stage of a trial, it appears to a magistrate’s court
that—
(a)
the evidence discloses an offence other than the offence with
which the accused is charged;
(b) (c)
the charge is defective in a material particular; or
the accused desires to plead guilty to an offence other than the
offence with which he or she is charged, then the court, if it is satisfied that no injustice to the
accused will be caused thereby, may make such order for the alteration of the charge by way
of its amendment or by the substitution or addition of a new charge as it thinks necessary to
meet the circumstances of the case.
(2) Where a charge is altered under subsection (1)—
1. the court shall thereupon call upon the accused person to plead to the altered charge;
2. the accused may demand that the witnesses for the prosecution or any of them be
recalled and be further cross-examined by the accused or his or her advocate,
whereupon the prosecution shall have the right to reexamine any such witnesses on
matters arising out of such further cross-examination; and
3. the accused shall have the right to give or to call such further evidence on his or her
behalf as he or she may wish.
3. Where an alteration of a charge is made under subsection (1), the court shall, if it is of
the opinion that the accused has been prejudiced by the alteration, adjourn the trial for
such period as may be reasonably necessary.
4. Variance between the charge and the evidence adduced in support of it with respect to
the time at which the alleged offence was committed is not material, and the charge
need not be amended for such variance if it is proved that the proceedings were in fact
instituted within any time limited by law for the institution of the proceedings.
(5) The court shall inform the accused of his or her right to demand the recall of witnesses
under subsection (2), and that he or she may apply to the court for an adjournment under
subsection (3).
(6) In any case where a charge is altered under subsection (1), the court may make such order
as to the payment by the prosecution of any costs
incurred owing to the alteration of the charge as it shall think fit.
133. Decision.
1. The court having heard the evidence called by the prosecution and by the accused
person shall either convict the accused and pass sentence upon, or make an order
against, him or her according to law, or shall acquit him or her.
2. The court, before passing sentence, may make such inquiries as it thinks fit in order to
inform itself as to the proper sentence to be passed and may inquire into the character
and antecedents of the accused person and may take into consideration either at the
request of the prosecution or the accused person in assessing the proper sentence to be
passed such character and antecedents, including any other offences admitted by him
or her whether or not he or she has been convicted of such offences; but—
1. the accused person shall be given an opportunity to confirm, deny or explain any
statement made about him or her, and in any case of doubt the court shall, in the
absence of legal proof of the statement, ignore the statement;
2. no offence of which the accused person has not been convicted shall be taken into
consideration in assessing the proper sentence, unless the accused person specifically
agrees that the offence shall be taken into consideration, and a note of that request
shall have been recorded in the proceedings; and
3. if for any reason the sentence passed by the court is set aside, the accused person shall
not be entitled to plead autrefois convict in respect of any offence taken into
consideration in assessing the sentence that was set aside.
134. Drawing up conviction or order.
1. 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.
2. The production of a copy of an order of acquittal, certified by the clerk or other officer
of the court, shall without other proof be a bar to any subsequent proceedings for the
same matter against the same accused person.
135. Mode of delivering judgment.
1. The judgment in every criminal trial in a magistrate’s court in the exercise of its
original jurisdiction shall be pronounced, or the substance of the judgment shall be
explained, in open court either immediately after the termination of the trial or at some
subsequent time of which notice shall be given to the parties and their advocates, if
any; except that the whole judgment shall be read out by the magistrate if he or she is
requested so to do either by the prosecution or the defence.
2. The accused person shall, if in custody, be brought up or, if not in custody, be required
by the court to attend to hear judgment delivered, except where his or her personal
attendance during the trial has been dispensed with and the sentence is one of fine only
or he or she is acquitted.
3. No judgment delivered by a magistrate’s court shall be deemed to be invalid by reason
only of the absence of any party or his or her advocate on the day or from the place
notified for the delivery of the judgement, or of any omission to serve, or defect in
serving, on the parties or their advocates, or any of them, the notice of that day and
place.
136. Form and contents of judgment.
1. Every judgment delivered under section 135 shall, except as otherwise expressly
provided by this Act, be written by, or reduced to writing under the personal direction
and superintendence of the magistrate in the language of the court, and shall contain
the point or points for determination, the decision thereon and the reason for the
decision and shall be dated and signed by the magistrate as on the date on which it is
pronounced in open court.
2. For the purposes of subsection (1), any judgment may be recorded in shorthand or by
any mechanical means under the superintendence of the magistrate and the
transcription of the judgement signed by the magistrate.
3. In the case of a conviction, the judgment shall specify the offence of which, and the
section of the Penal Code Act or other law under which, the accused person is
convicted.
4. In the case of an acquittal, the judgment shall state the offence of which accused
person is acquitted and shall direct that he or she be set at
liberty.
(5) The judgment in the case of a conviction shall be followed by a note of the steps taken by
the court prior to sentence and by a note of the sentence passed together with the reasons for
the sentence when there are special reasons for passing a particular sentence.
137. Evidence to be taken in presence of accused.
Except as otherwise expressly provided, all evidence taken in any proceedings under this Act
shall be taken in the presence of the accused, or, when his or her personal attendance has been
dispensed with, in the presence of his or her advocate, if any.
138. Record of evidence in magistrates courts.
(1) Subject to any rules which may be made under this section, the
evidence of a witness in a trial (other than a trial under section 142 or 143 by
a magistrate—
1. shall be taken down in writing in the language of the court by the magistrate, or in his
or her presence and hearing and under his or her personal direction and
superintendence, and shall form part of the record; and
2. shall not ordinarily be taken down in the form of question and answer, but in the form
of a narrative, except that the magistrate may, in his or her discretion, take down or
cause to be taken down any particular question and answer.
(2) The Chief Justice may make rules prescribing the manner in
which evidence shall be taken down in inquiries and trials (other than trials
under section 142 or 143); and the evidence, or the substance of the evidence,
in those inquiries and trials shall be taken down in accordance with any such
rules which may be made.
139. Interpretation of evidence to accused or his or her advocate.
1. Whenever any evidence is given in a language not understood by the accused, and he
or she is present in person, it shall be interpreted to him or her in open court in a
language understood by him or her.
2. If the accused appears by advocate and the evidence is given in
a language other than English, and not understood by the advocate, it shall be interpreted to
the advocate in English.
140. Interpretation of documents.
When documents are put in for the purpose of formal proof, it shall be in the discretion of the
court to interpret as much of the documents as appears necessary.
141. Age and demeanour of witness.
A magistrate shall record the sex and approximate age of each witness and may also record
such remarks, if any, as he or she thinks material respecting the demeanour of the witness
while under examination.
142. Procedure in case of minor offences.
(1) Notwithstanding anything contained in this Act, a chief
magistrate or a magistrate grade I having jurisdiction to try any of the
offences mentioned in subsection (2) may try those offences without
recording the evidence as hereinbefore provided, but in any such case he or
she shall enter, in such form as the Chief Justice may direct, the following
particulars—
1. the serial number;
2. the date of the commission of the offence;
3. the date of the complaint;
4. the name of the complainant;
5. the name, parentage and residence of the accused;
6. the offence complained of and the offence, if any, proved, and in cases coming under
subsection (2)(d), (e) or (f) the value of the property in respect of which the offence
has been committed;
(g) the plea of the accused;
(h) the finding and, where evidence has been taken, a judgment
embodying the substance of the evidence; (i) the sentence or other final order; (j) the date on
which the proceedings terminated.
(2) The offences referred to in subsection (1) are as follows—
(a) offences punishable with imprisonment for a period not
exceeding six months or a fine not exceeding one thousand shillings or both;
2. offences against the Weights and Measures Act;
3. common assault under section 235 of the Penal Code Act;
4. theft under Chapter XXV of the Penal Code Act where the value of the property stolen
does not exceed one thousand shillings;
5. receiving or retaining stolen property under Chapter XXX of the Penal Code Act
where the value of the property does not exceed one thousand shillings;
6. malicious injury to property where the value of the property does not exceed one
thousand shillings;
7. any other offence which the Minister may, by statutory order, permit to be tried in
accordance with this section;
(h) aiding, abetting, counselling or procuring the commission of any
of the foregoing offences; and (i) attempting to commit any of the foregoing offences.
3. When, in the course of a trial under this section, it appears to the magistrate that the
case is of a character which renders it undesirable that it should be so tried, the
magistrate shall recall any witnesses and proceed to rehear the case in the manner
provided by the preceding sections of this Part of this Act.
4. No sentence of imprisonment exceeding three months and no fine exceeding one
thousand shillings shall be passed or inflicted in the case of any conviction under this
section except when the person accused pleads guilty.
143. Procedure in trial of petty cases.
1. Notwithstanding anything contained in this Act, a magistrate to whom this section
applies may, with the consent of the person conducting the prosecution, try an offence
in the manner provided by this section.
2. A magistrate trying an offence under this section need not record the evidence of the
witnesses but shall record, in such form as the Chief Justice may direct, the following
particulars—
1. give the accused person a copy of the indictment together with the summary of the
case;
2. read out the indictment and the summary of the case and explain to the accused person
the nature of the accusation against him or her in a language he or she understands and
inform him or her that he or she is not required to plead to the indictment;
3. commit the accused person for trial by the High Court and transmit to the registrar of
the High Court copies of the indictment and of the summary of the case.
4. If a person committed for trial by the High Court is on bail granted by any court,
without prejudice to his or her right to apply to the High Court for bail, the bail shall
lapse, and the magistrate shall remand him or her in custody pending his or her trial.
5. Subsection (4) shall not be construed as limiting the power of the High Court to grant
bail at any time to a person accused of an offence.
169. Director of Public Prosecutions to determine offences to be
committed to High Court.
Subject to section 168, for the avoidance of doubt it shall be within the discretion of the
Director of Public Prosecutions which offences are to be proceeded with under section 168 for
trial before the High Court or to be tried by a magistrate’s court; and trial by the High Court
of an offence
committed to that court under section 168 shall not be refused merely on the ground that a
magistrate’s court has jurisdiction to try the offence.
170. Transfer of cases to chief magistrate.
If, in the course of any trial before a magistrate’s court presided over by a magistrate, other
than a chief magistrate, the evidence indicates that the case is one which should be tried by
some other magistrate, he or she shall stop further proceedings and submit the case with a
brief report on it to the chief magistrate having jurisdiction.
171. Power of chief magistrate to transfer cases.
A chief magistrate may—
1. transfer any case of which he or she has taken cognisance for trial to another
magistrate holding a court empowered to try the case within the magisterial area of the
jurisdiction of the chief magistrate; and
2. direct or empower any magistrate who has taken cognisance of any case, and whether
evidence has been taken in such case or not, to transfer the case to himself or herself
or to any other specified magistrate within the magisterial area of the chief
magistrate’s jurisdiction, who is competent to try the accused person,
and any such case shall be disposed of accordingly.
172. Combination of sentences.
A magistrate’s court may pass any lawful sentence combining any of the sentences which it is
authorised by law to pass.
173. Sentences requiring confirmation.
1. Where any sentence to which this section applies is imposed by a magistrate’s court
(other than by a magistrate’s court presided over by a chief magistrate), the sentence
shall be subject to confirmation by the High Court.
2. This section applies to—
1. females;
2. males whom the court considers to be more than forty-five years of age.
5. When the sentence of corporal punishment is to be carried out, there shall be present a
Government medical officer; and no such sentence shall be carried out unless the
medical officer has, after examination, certified that in his or her opinion the prisoner
is physically fit to undergo the whole of the sentence of corporal punishment about to
be inflicted upon him.
6. If the medical officer is unable to certify as provided in subsection (5), neither the
sentence nor any part of it shall be carried out, and the
sentence shall be deemed for the purposes of subsection (10) to have been wholly prevented
from being carried out.
7. The medical officer shall be present during the infliction of the corporal punishment
and may at any time during the carrying out of the sentence of corporal punishment
intervene and prohibit the remainder of the sentence from being carried out, if in his or
her opinion the prisoner is unable to bear such sentence without risk of grave or
permanent injury.
8. If the medical officer intervenes as provided in subsection (7), the sentence shall be
deemed for the purposes of subsection (10) to have been partially prevented from
being carried out.
9. No sentence of corporal punishment shall be carried out by installments.
10. If any person has been sentenced to corporal punishment in substitution for any other
punishment to which he might have been liable, and the sentence of corporal
punishment is, wholly or partially, prevented from being carried out, the person shall
be kept in custody and shall as soon as possible be taken before the court which passed
the sentence of corporal punishment; and the court shall remit the sentence of corporal
punishment and may, in its discretion, pass upon the person any sentence other than a
sentence of corporal punishment to which he might have been liable.
11. An offender sentenced to undergo corporal punishment may be detained in a prison or
some other convenient place for such time as may be necessary for carrying the
sentence into effect, or for ascertaining whether the sentence shall be carried into
effect.
12. No sentence of corporal punishment shall be carried out in any case where the person
who has been so sentenced has a right of appeal—
1. unless the person fails within the time allowed by this Act to lodge a notice of appeal;
or
2. if notice of appeal has been lodged within that time, until the determination of the
appeal.
(13) Every sentence of corporal punishment shall be administered as
soon as possible and in any case before the expiry of six weeks after the final
determination of the proceedings in consequence of which the offender was
sentenced.
(14) Any sentence of corporal punishment not inflicted within the period specified in
subsection (13) shall not be inflicted at all.
180. Fines.
Where a fine is imposed by a magistrate’s court under any law, in fixing the amount of the
fine, the court shall take into consideration among other things, the means of the offender so
far as they are known to the court; and in the absence of express provisions relating to the fine
in any such law, the following provisions shall apply—
1. where no sum is expressed to which the fine may extend, the amount of the fine which
may be imposed is unlimited, but shall not be excessive;
2. in the case of an offence punishable with a fine or a period of imprisonment, the
imposition of a fine or a period of imprisonment shall be a matter for the discretion of
the court;
3. in the case of an offence punishable with imprisonment as well as a fine in which the
offender is sentenced to a fine with or without imprisonment, and in every case of an
offence punishable with a fine only in which the offender is sentenced to a fine, the
court passing sentence may in its discretion— (i) direct by its sentence that in default
of payment of the fine
the offender shall suffer imprisonment for a certain period, which imprisonment shall be in
addition to any other imprisonment to which he or she may have been sentenced or to which
he or she may be liable under a commutation of sentence; and also (ii) issue a warrant for the
levy of the amount on the immovable and movable property of the offender by distress and
sale under warrant; except that if the sentence directs that in default of payment of the fine the
offender shall be imprisoned, and if the offender has undergone the whole of such
imprisonment in default, no court shall issue a distress warrant unless for special reasons to be
recorded in writing it considers it necessary to do so;
(d) the period of imprisonment ordered by a court in respect of the
nonpayment of any sum of money adjudged to be paid by a
conviction or in respect of the default of a sufficient distress to
satisfy any such sum shall be such term as in the opinion of the
court will satisfy the justice of the case, but shall not exceed in
any case the maximum fixed by the following scale—
Amount Maximum period
(e) the imprisonment which is imposed in default of payment of a fine shall terminate
whenever the fine is either paid or levied by process of law.
181. Power to allow time to pay fine.
(1) Notwithstanding anything in section 180, a court, on imposing a
fine under any law—
1. shall, subject to subsection (2), allow the offender at least thirty days within which to
pay the fine or the first installment of the fine; and
2. may in its discretion defer passing sentence of imprisonment in default of payment of
a fine until the default shall occur.
(2) When a court imposes a fine on any person and sentences him or
her to imprisonment in default of payment of the fine, the court may, if the
person fails to pay the fine immediately, and—
1. he or she appears to the court to have sufficient means to pay the fine immediately;
2. when being asked by the court whether he or she wishes to have time to pay, he or she
does not ask for time;
3. he or she fails to satisfy the court that he or she has a fixed abode; or
4. there is some special circumstances (relating to the gravity of the offence or the
character of the offender) appearing to the court to
justify immediate committal, commit him or her to prison; and the court shall state in the
warrant of commitment the reasons for not allowing the offender time to pay.
(3) (a)
Where a court—
imposes a fine on any person and at the same time or by subsequent order sentences him or
her to imprisonment in default of payment of the fine; or
(b)
sentences to imprisonment for want of, or in lieu of, distress any person against whom an
order for the payment of money has been made, the court may—
3. order that the person pay the fine in one sum or by installments at such time, not being
less than thirty days from the date of imposition of the fine, or in such manner as the
court thinks fit, and shall, subject to subsection (4), immediately release him or her;
4. if the person is employed, whether in the public service or otherwise, by order
(hereafter referred to as an “attachment order”) to be served upon the person’s
employer direct that the amount due shall be deducted from the person’s salary or
wages and paid to the court either in one payment or by such monthly installments as
the court may direct and the court shall, subject to subsection (4), immediately release
him or her; but no attachment order shall include a direction to make a payment or
monthly installment exceeding one half of the person’s monthly rate of salary or
wages.
(4) Before releasing any person under subsection (3)(c) or (d), the court may, if it thinks fit,
require him or her to enter into a bond, with or without sureties, conditioned for his or her
appearance on such date or dates as the court may determine, and, in default of his or her so
entering into such bond, the court shall immediately commit him or her to prison.
(5) If a person who has been allowed time for payment under the provisions of subsection
(3)(c) fails to pay the amount due, or any installment of it, in accordance with the order made
by the court, the court may, subject to subsection (7), thereupon commit him or her to prison.
(6) Where the court has ordered payment by installments and default is made in the payment
of any such installment, the whole of the amount then
remaining unpaid shall become immediately due and payable.
7. The court shall not commit to prison in default of payment any person to whom time
has been allowed for payment under this section until it has made inquiry as to his or
her means in his or her presence.
8. Upon making inquiry in accordance with subsection (7), the court may, in its
discretion, instead of immediately issuing a warrant of commitment to prison, make an
order extending the time allowed for payment or varying the amount of the
installments or the times at which the installments were, by the previous order of the
court, directed to be paid, as the case may be.
9. For the purpose of enabling inquiry to be made under subsection (7), the court may
issue a summons to the person ordered to pay the money to appear before it, and, if he
or she does not appear in obedience to the summons, may issue a warrant for his or her
arrest or, without issuing a summons, issue in the first instance a warrant for his or her
arrest.
182. Warrant for levy of fine, etc.
1. When a magistrate’s court orders money to be paid by an accused person or by a
prosecutor or complainant for fine, penalty, compensation, costs, expenses or
otherwise, the money may be levied on the movable and immovable property of the
person ordered to pay it by distress and sale under warrant.
2. If he or she shows sufficient movable property to satisfy the order, his or her
immovable property shall not be sold.
3. Such person may pay or tender to the officer having the execution of the warrant the
sum mentioned in it, together with the amount of the expenses of the distress up to the
time of payment or tender, and thereupon the officer shall cease to execute the
warrant.
4. A warrant under this section may be executed within the local limits of the jurisdiction
of the court issuing it, and it shall authorise the distress and sale of any property
belonging to such person without those limits when endorsed by a magistrate, other
than a magistrate grade III, within the local limits of whose jurisdiction the property
was found.
183. Commitment.
If the officer having the execution of a warrant of distress reports that he or she could find no
property or not sufficient property on which to levy the money mentioned in the warrant with
expenses, the court may issue such process as may be necessary for the appearance of the
person against whom the order for payment was made and sentence him or her to
imprisonment according to the scale prescribed by section 180.
184. Payment in full after commitment.
Any person committed for nonpayment may pay the sum mentioned in the warrant, with the
amount of expenses authorised in the warrant, if any, to the person in whose custody he or she
is, and that person shall thereupon discharge him or her if he or she is in custody for no other
matter.
185. Part payment after commitment.
1. If any person committed to prison for nonpayment shall pay any sum in part
satisfaction of the sum adjudged to be paid, the period of his or her imprisonment shall
be reduced by a number of days bearing as nearly as possible the same proportion to
the total number of days for which the person is committed, as the sum so paid bears
to the sum which he or she is liable.
2. The officer in charge of a prison in which a person is confined who is desirous of
taking advantage of the provisions of subsection (1) shall, on application being made
to him or her by the prisoner, at once take the prisoner before a court; and the court
shall certify the amount by which the period of imprisonment originally awarded is
reduced by the payment in part satisfaction, and shall make such order as is required in
the circumstances.
186. Sentence of imprisonment in lieu of distress.
When it appears to the court that distress and sale of property would be ruinous to the person
ordered to pay the money or his or her family, or, by his or her confession or otherwise, that
he or she has no property on which the distress may be levied, or for other sufficient reason,
the court may if it thinks fit, instead of or after issuing a warrant of distress, issue such
process as may be necessary for his or her appearance and sentence him or her to
imprisonment according to the scale prescribed by section 180.
187. Objections to attachment.
1. Any person claiming to be entitled to, or to have a legal or equitable interest in, the
whole or part of any property attached in execution of a warrant issued under section
182, may at any time prior to the receipt by the court of the proceeds of the sale of that
property, give notice in writing to the court of his or her objection to the attachment of
the property; the notice shall set out shortly the nature of the claim which the person
(hereafter in this section called the “objector”) makes to the whole or part of the
property attached, and shall certify the value of the property claimed by him or her;
that value shall be deposed to on affidavit, which shall be filed with the notice.
2. Upon receipt of a valid notice given under subsection (1), the court shall, by an order
in writing addressed to the officer having the execution of the warrant, direct a stay of
the execution proceedings.
3. Upon the issue of an order under subsection (2), the court shall, by notice in writing,
direct the objector to appear before the court and establish his or her claim upon a date
to be specified in the notice.
4. A notice shall be served upon the person whose property was, by the warrant issued
under section 182, directed to be attached, and, unless the property is to be applied to
the payment of a fine, upon the person entitled to the proceeds of the sale of the
property; the notice shall specify the time and place fixed for the appearance of the
objector and shall direct the person upon whom the notice is served to appear before
the court at the same time and place if he or she wishes to be heard upon the hearing of
the objection.
5. Upon the date fixed for the hearing of the objection, the court shall investigate the
claim and, for that purpose, may hear any evidence which the objector may give or
adduce and any evidence given or adduced by any person served with a notice in
accordance with subsection (4).
6. If, upon investigation of the claim, the court is satisfied that the property attached was
not, when attached, in the possession of the person ordered to pay the money or of
some person in trust for him or her, or in the occupancy of a tenant or other person
paying rent to him or her, or that, being in the possession of the person ordered to pay
the money at such time it was so in his or her possession not on his or her own account
or as his or her own property but on account of or in trust for some other person or
partly on his
or her own account and partly on account of some other person, the court shall make an order
releasing the property, wholly or to such extent as it thinks fit, from attachment.
7. If, upon the date fixed for his or her appearance, the objector fails to appear, or if,
upon investigation of the claim in accordance with subsection (5), the court is of the
opinion that the objector has failed to establish his or her claim, the court shall order
the attachment and execution to proceed, and shall make such order as to costs as it
deems proper.
8. Nothing in this section shall be deemed to deprive a person who has failed to comply
with the requirements of subsection (1) of the right to take any other proceedings
which, apart from this section, may lawfully be taken by a person claiming an interest
in property attached under a warrant.
188. Who may issue warrant.
Every warrant for the execution of any sentence may be issued either by the magistrate who
passed the sentence or by his or her successor in office.
189. Limitation of imprisonment.
No commitment for nonpayment shall be for a longer period than twelve months, unless the
law under which the conviction has taken place enjoins or allows a longer period.
190. Discharge of an offender without punishment.
(1) Where, in any trial before a magistrate’s court, the court thinks
that the charge against the accused person is proved, but is of opinion that,
having regard to the character, antecedents, age, health or mental condition
of the accused, or to the trivial nature of the offence, or to the extenuating
circumstances in which the offence was committed, it is inexpedient to inflict
any punishment, the court may—
1. without proceeding to conviction, make an order dismissing the charge; or
2. convict the accused person and caution him or her.
(2) When an order is made by a court under this section dismissing
a charge, the order shall be deemed to be a conviction for the purposes of
sections 195(1), 197 and 201.
191. Security for coming up for judgment.
(1) Where a person is convicted by a magistrate’s court, the court
may, instead of passing sentence, discharge the offender upon his or her
entering into a recognisance, with or without sureties, in such sum as the
court may think fit conditioned that—
1. he or she shall appear and receive judgment when called upon so to do within a period
of twelve months from the date of the discharge; and
2. during such period he or she shall keep the peace and be of good behaviour.
2. If at any time the court which convicted the offender is satisfied that the offender has
failed to observe any of the conditions of his or her recognisance, it may issue a
warrant for his or her arrest.
3. 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 or her
in custody until the case is heard or admit him or her to bail with a sufficient surety
conditioned for his or her appearing for sentence.
4. Such court may, after hearing the case, pass sentence.
5. Sections 80, 81 and 83 shall apply mutatis mutandis to recognisances taken under this
section.
192. Sentences cumulative unless otherwise ordered.
(1) Where a person after conviction for an offence is convicted of another offence, either
before sentence is passed upon him or her under the first conviction or before the expiration
of that sentence, any sentence of imprisonment which is passed upon him or her under the
subsequent conviction shall be executed after the expiration of the former sentence, unless the
court directs that it shall be executed concurrently with the former sentence or of any part of
it; except that it shall not be lawful for a court to direct that a sentence of imprisonment in
default of payment of a fine or of any part of a fine shall be executed concurrently with a
former sentence under section 180(c)(i).
(2) Where a person is convicted of more than one offence at the same time and is sentenced to
pay a fine in respect of more than one of those offences, then the court may order that all or
any of those fines may be noncumulative.
193. Escaped convicts to serve unexpired sentences when recaptured.
When sentence is passed under this Act on an escaped convict, the sentence, if of fine or
corporal punishment, shall, subject to this Act and any other law for the time being in force,
take effect immediately, but if of imprisonment shall not take effect until the convict has
served the period of imprisonment that remained unexpired at the date of his or her escape
from prison.
194. Police supervision.
1. Where any person to whom this section applies is sentenced to imprisonment, the
court shall, at the time of passing the sentence, order that he or she shall be subject to
police supervision as hereafter provided for a period not exceeding five years from the
date of the expiration of that sentence.
2. Every person subject to police supervision shall, on his or her discharge from prison,
be furnished by the prescribed officer with an identity card in the prescribed form, and
while at large in Uganda shall—
1. report himself or herself personally at such intervals of time, at such place and to such
person as shall be endorsed on his or her card; and
2. notify the place of his or her residence and any change of residence in such manner
and to such person as may be prescribed by rules under this section.
3. If any person, subject to police supervision who is at large in Uganda, refuses or
neglects to comply with any requirement prescribed by this section or by any rules
made under it, that person shall, unless he or she proves to the satisfaction of the court
before which he or she is tried that he or she did his or her best to act in conformity
with the law, commit an offence and is liable to a period of imprisonment not
exceeding two years.
4. The Minister may by statutory instrument make rules for carrying out the provisions of
this section.
(5) This section applies to—
1. any person convicted of robbery contrary to section 285 of the Penal Code Act; and
2. any person convicted of an offence declared by the Minister, by statutory instrument,
to be an offence to which this section shall apply.
Part XVII—Costs, compensation and restitution.
195. Award of costs.
(1) A court may order the payment of costs in any of the following
circumstances—
1. to the prosecutor, whether public or private, by a person convicted of any offence by
the court;
2. to any person acquitted of any offence by the court, by the prosecutor, whether public
or private, if the court considers that the prosecutor had no reasonable grounds for
prosecuting that person;
3. to the respondent by an appellant whose appeal fails if the appeal court considers that
the appellant had no reasonable grounds on which to appeal;
4. to an appellant by a respondent, on the success of an appeal if the court considers that
the respondent had no reasonable grounds for contesting the appeal at the hearing
thereof;
5. to any person in any matter of an interlocutory nature, including a request for an
adjournment, if that person has been put to any expense when in the opinion of the
court the applicant had no reasonable or proper grounds for making the application;
6. to any accused person where the prosecution against him or her has been withdrawn
under section 121, by the prosecutor, if the court considers that the prosecutor had no
reasonable grounds for prosecuting that person.
2. Any costs awarded by any court under subsection (1) shall not exceed the sum of two
hundred thousand shillings.
3. Costs awarded under this section may be awarded in addition to any compensation
awarded under section 196.
4. An appeal shall lie to the High Court against any award of costs
of over ten thousand shillings by a magistrate’s court, but no appeal shall lie against an order
of the High Court either awarding or refusing to award costs nor shall any appeal lie to the
High Court against an order of a magistrate’s court refusing to award costs.
(5) Any court hearing an appeal relating to a matter other than costs may vary the order
relating to costs made by the court from whose decision the appeal is made.
196. Compensation in case of frivolous or vexatious charge.
If on the dismissal of any private prosecution by a magistrate’s court, the court shall be of
opinion that the charge was frivolous or vexatious, the court may order the private prosecutor
to pay to the accused person, in addition to his or her costs, a reasonable sum as compensation
for the trouble and expense to which the person may have been put by reason of the charge.
197. Order for compensation for material loss or personal injury.
1. When any accused person is convicted by a magistrate’s court of any offence and it
appears from the evidence that some other person, whether or not he or she is the
prosecutor or a witness in the case, has suffered material loss or personal injury in
consequence of the offence committed and that substantial compensation is, in the
opinion of the court, recoverable by that person by civil suit, the court may, in its
discretion and in addition to any other lawful punishment, order the convicted person
to pay to that other person such compensation as the court deems fair and reasonable.
2. When any person is convicted of any offence under Chapters XXV to XXX, both
inclusive, of the Penal Code Act, the power conferred by subsection (1) shall be
deemed to include a power to award compensation to any bona fide purchaser of any
property in relation to which the offence was committed for the loss of that property if
the property is restored to the possession of the person entitled to it.
3. Any order for compensation under this section shall be subject to appeal, and no
payment of compensation shall be made before the period allowed for presenting the
appeal has elapsed or, if an appeal is presented, before the determination of the appeal.
4. At the time of awarding any compensation in any subsequent civil
suit relating to the same matter, the court hearing the civil suit shall take into account any sum
paid or recovered as compensation under this section.
198. Recovery of costs and compensation and imprisonment in default.
1. Sums allowed for costs or compensation under section 195, 196 or 197 shall in all
cases be specified in the conviction or order.
2. If the person who has been ordered to pay such costs or compensation fails so to pay, a
warrant of distress may be issued in accordance with section 182, and, in default of
distress, the court may issue such process as may be necessary for his or her
appearance and may sentence him or her to imprisonment in accordance with the
provisions of section 183 or 186, and thereupon all the provisions of section 181
relating to sentences of imprisonment in default of distress shall become applicable.
199. Power of courts to award expenses or compensation out of fine.
(1) Whenever any magistrate’s court imposes a fine or a sentence of
which a fine forms part, the court may, when passing judgment, order the
whole or any part of the fine recovered to be applied—
1. in defraying expenses properly incurred in the prosecution;
2. in the payment to any person of compensation for any loss or injury caused by the
offence when substantial compensation is, in the opinion of the court, recoverable by
civil suit.
2. If the fine is imposed in a case which is subject to appeal, no such payment shall be
made before the period allowed for presenting the appeal has elapsed, or, if an appeal
is presented, before the determination of the appeal.
3. At the time of awarding compensation in any subsequent civil suit relating to the same
matter, the court shall take into account any sum paid or recovered as compensation
under this section.
200. Property found on accused person.
Where, upon the apprehension of a person charged with an offence, any property is taken
from him or her, the magistrate’s court before which he or she is charged may order—
(a) that the property or a part of it be restored to the person who
appears to the court to be entitled to it, and, if he or she is the person charged, that it be
restored either to him or her or to such other person as he or she may direct; or (b) that the
property or a part of it be applied to the payment of any fine or any costs or compensation
directed to be paid by the person charged.
201. Property stolen.
1. If any person charged with any offence as is mentioned in Chapters XXV to XXX,
both inclusive of the Penal Code Act, in stealing, taking, obtaining, extorting,
converting, or disposing of, or in knowingly receiving any property is prosecuted to
conviction or admits the offence under any of the provisions of this Act, the property
shall be restored to the owner or the owner’s representative.
2. In every case referred to in this section, the court before which such offender is
convicted shall have power to award from time to time orders for restitution for the
property or to order the restitution of the property in a summary manner; but—
1. where goods as defined in the Sale of Goods Act have been obtained by fraud or other
wrongful means not amounting to stealing, the property in such goods shall not revest
in the person who was the owner of the goods, or his or her personal representative, by
reason only of the conviction of the offender; and
2. nothing in this section shall apply to the case of any valuable security which has been
in good faith paid or discharged by some person liable to the payment of it; or, being a
negotiable instrument, has been in good faith taken or received by transfer or delivery
by some person for a just and valuable consideration without any notice or without
reasonable cause to suspect it has been stolen.
(3) On the restitution of any stolen property if it appears to the court
by the evidence that the offender has sold the stolen property to any person,
that such person has had no knowledge that the property was stolen, and that
any monies have been taken from the offender on his or her apprehension,
the court may, on the application of the purchaser, order that out of that
money a sum not exceeding the amount of the proceeds of the sale be
delivered to the purchaser.
(4) The operation of any order under this section shall, unless the
court before which the conviction takes place directs to the contrary in any
case in which the title to the property is not in dispute, be suspended—
1. in any case, until the time for appeal has elapsed; and
2. in cases where an appeal is lodged, until the determination of the appeal,
and in cases where the operation of any such order is suspended until the determination of the
appeal, the order shall not take effect as to the property in question if the conviction is
quashed on appeal.
5. Any person aggrieved by an order made under this section may appeal to the High
Court, and upon the hearing of the appeal the court may by order annul or vary any
order made on a trial for the restitution of any property to any person, although the
conviction is not quashed; and the order, if annulled, shall not take effect, and if
varied, shall take effect as so varied.
6. The Chief Justice may make provision by rules for securing the safe custody of any
property, pending the suspension of the operation of any order made under subsection
(4).
202. Order for disposal of certain property.
1. During or at the conclusion of any trial or proceeding under this Act, a magistrate’s
court may make such order as it thinks fit for the disposal whether by way of
forfeiture, confiscation or otherwise of any property produced before it regarding
which any offence appears to have been committed or which has been used for the
commission of or to facilitate the commission of any offence.
2. In any case where no evidence has been called, if the prosecutor wishes any property
to be disposed of under subsection (1), the prosecutor shall, after the conviction of the
accused person, produce that property before the court which may thereupon make an
order under subsection (1).
3. Where the court orders the forfeiture or confiscation of any property as provided in
subsection (1), but does not make an order for its destruction or for its delivery to any
person, the court may direct that the property shall be kept or sold and that the
property or, if sold, the proceeds of the sale shall be held as it directs until some
person establishes to the court’s satisfaction a right to the property or proceeds.
4. If no person establishes a right to the property or the proceeds of its sale within six
months from the date of forfeiture or confiscation, the property or the proceeds of its
sale shall be paid into and form part of the Consolidated Fund.
5. The power conferred by this section upon the court shall include the power to make an
order for the forfeiture or confiscation or for the destruction or for the delivery to any
person of such property, but shall be exercised, subject to any special provisions
regarding forfeiture, confiscation, destruction, detention or delivery contained in the
written law under which the conviction was had or in any other written law applicable
to the case.
6. When an order is made under this section in a case in which an appeal lies, the order
shall not, except when the property is livestock or is subject to speedy and natural
decay, be carried out until the period allowed for presenting the appeal has passed, or
when the appeal is entered until the disposal of the appeal.
203. Interpretation of “property” in sections 201 and 202.
In sections 201 and 202, “property” includes, in the case of property regarding which an
offence appears to have been committed, not only such property as has been originally in the
possession or under the control of any party, but also any property into or for which that
property has been converted or exchanged and anything acquired by the conversion or
exchange, whether immediately or otherwise.
Part XVIII—Criminal appeals.
204. Criminal appeals.
(1) Subject to any other written law and except as provided in this
section, an appeal shall lie—
1. to the High Court, by any person convicted on a trial by a court presided over by a
chief magistrate or a magistrate grade I;
2. to a court presided over by a chief magistrate, by any person convicted on a trial by a
magistrate grade II or grade III.
(2) Any appeal under subsection (1) may be on a matter of fact as
well as on a matter of law.
3. No appeal shall be allowed in the case of any person who has pleaded guilty and has
been convicted on that plea by a magistrate’s court except as to the legality of the plea
or to the extent or legality of the sentence.
4. No appeal shall be allowed in a case where a court presided over by a chief magistrate
or a magistrate grade I has passed a sentence of imprisonment not exceeding one
month only, or a fine not exceeding one hundred shillings only.
5. Where an accused person has been acquitted by a magistrate’s court, the Director of
Public Prosecutions may appeal (or sanction an appeal in such manner as may be
prescribed by the Minister by statutory instrument) on the ground that the acquittal is
erroneous in law—
1. to the High Court, where the accused person has been acquitted by a court presided
over by a chief magistrate or a magistrate grade I;
2. to a court presided over by a chief magistrate, where the accused person has been
acquitted by a magistrate grade II or III.
6. Any party to an appeal determined by a chief magistrate under subsection (1)(b) may
appeal against the decision of the chief magistrate to the High Court on a matter of law
(not including severity of sentence) but not on a matter of fact.
7. The Director of Public Prosecutions may appeal to the High Court from the decision
of a chief magistrate on an appeal under subsection (5)(b) on the ground that it is
erroneous in law.
205. Bail pending appeal.
An appellant may, at any time before the determination of his or her appeal, apply for bail to
the appellant court, and the appellant court may grant the bail.
Part XIX—Reservation of question of law.
206. Reservation of question of law.
(1) A magistrate’s court, presided over by a chief magistrate or by a magistrate grade I,
exercising criminal jurisdiction may, and shall upon the
application of the Director of Public Prosecutions, at any stage of the proceedings before
judgment, reserve a question of law arising during the trial of any accused person for the
opinion of the High Court.
2. Where a question of law is reserved under subsection (1), the magistrate shall make a
record of the question reserved with the circumstances upon which it arose and shall
transmit a copy of the record to the chief registrar.
3. The High Court shall consider and determine the question reserved and shall remit the
case to the magistrate’s court with the opinion of the High Court upon that question,
and the magistrate shall dispose of the case in accordance with that opinion.
4. No party shall have any right to be heard before the High Court when exercising its
powers under subsection (3); but the High Court may, if it thinks fit, hear any party
either personally or by advocate.
Part XX —Civil jurisdiction of magistrates courts and provisions relating to the exercise of
that jurisdiction.
207. Civil jurisdiction of magistrates.
(1) Subject to this section and any other written law, the jurisdiction of magistrates presiding
over magistrates courts for the trial and determination of causes and matters of a civil nature
shall be as follows—
1. a chief magistrate shall have jurisdiction where the value of the subject matter in
dispute does not exceed five million shillings and shall have unlimited jurisdiction in
disputes relating to conversion, damage to property or trespass;
2. a magistrate grade I shall have jurisdiction where the value of the subject matter does
not exceed two million shillings;
3. a magistrate grade II shall have jurisdiction where the value of the subject matter in
dispute does not exceed five hundred thousand shillings; and
4. a magistrate grade III shall have jurisdiction where the value of the subject matter in
dispute does not exceed two hundred and fifty thousand shillings.
(2) Notwithstanding subsection (1), where the cause or matter of a civil nature is governed
only by civil customary law, the jurisdiction of a
chief magistrate and a magistrate grade I shall be unlimited.
3. Whenever for the purposes of jurisdiction or court fees it is necessary to estimate the
value of the subject matter of a suit capable of a money valuation, the plaintiff shall in
the plaint, subject to any rules of court, fix the amount at which he or she values the
subject matter of the suit; but if the court thinks the relief sought is wrongly valued,
the court shall fix the value and return the plaint for amendment.
4. In any suit where it is impossible to estimate the subject matter at a money value in
which, by reason of any finding or order of the court, a declaration of ownership of
any money or property is made, no decree shall be issued for an amount on the claim
exceeding the pecuniary limits of the ordinary jurisdiction of the court passing the
decree.
5. A magistrate’s court may grant any relief which it has power to grant under this Act or
under any other written law and make such orders as may be provided for by this Act
or any written law in respect of any case or matter before the court.
208. Courts to try all civil suits unless barred.
Every magistrate’s court shall, subject to this Act, have jurisdiction to try all suits of a civil
nature excepting suits of which its cognisance is either expressly or impliedly barred; but
every suit instituted in a magistrate’s court shall be instituted in the court of the lowest grade
competent to try and determine it.
209. Stay of suit.
No magistrate’s court shall proceed with the trial of any suit or proceeding in which the
matter in issue is also directly and substantially in issue in a previously instituted suit or
proceeding between the same parties, or between parties under whom they or any of them
claim, litigating under the same title, where that suit or proceeding is pending in the same or
any other court having original or appellate jurisdiction in Uganda to grant the relief claimed.
210. Res judicata.
(1) No court shall try any suit or issue in which the matter directly and substantially in issue
has been directly and substantially in issue in a
former suit between the same parties, or between parties under whom they or any of them
claim, litigating under the same title, in a court competent to try the subsequent suit or the suit
in which the issue has been subsequently raised, and has been heard and finally decided by
such court.
2. The expression “former suit” shall denote a suit which has been decided prior to the
suit in question whether or not it was instituted prior to it.
3. For the purposes of this section, the competence of a court shall be determined
irrespective of any provision as to right of appeal from the decision of that court.
4. The matter referred to in subsection (1) must in the former suit have been alleged by
one party and either denied or admitted, expressly or impliedly, by the other.
5. Any matter which might and ought to have been made a ground of defence or attack in
the former suit shall be deemed to have been a matter directly and substantially in
issue in that suit.
6. Any relief claimed in a suit, which is not expressly granted by the decree, shall, for the
purposes of this section, be deemed to have been refused.
7. Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in that right shall,
for the purposes of this section, be deemed to claim under the persons so litigating.
211. Bar to further suit.
Where a plaintiff is precluded by rules from instituting a further suit in respect of any
particular cause of action, he or she shall not be entitled to institute a suit in respect of such
cause of action.
212. Suits to be instituted where subject matter situate.
(1) Subject to the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property, with or without rent or
profits;
2. for the partition of immovable property;
3. for the foreclosure, sale or redemption in the case of a mortgage of, or charge upon,
immovable property;
4. for the determination of any other right to or interest in immovable property;
5. for compensation for wrong to immovable property;
6. for the recovery of movable property actually under distraint or attachment,
shall be instituted in the court within the local limits of whose jurisdiction the property is
situate; except that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be entirely
obtained through his or her personal obedience, be instituted either in the court within the
local limits of whose jurisdiction the property is situate, or in the court within the local limits
of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or
personally works for gain.
(2) In this section, “property” means property situate in Uganda.
213. Suits for immovable property situate within jurisdiction of
different courts.
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property
situate within the jurisdiction of different courts, the suit may be instituted in any court within
the local limits of whose jurisdiction any portion of the property is situate if in respect of the
value of the subject matter of the suit, the entire claim is cognisable by that court.
214. Suits for compensation for wrongs to person or movables.
Where a suit is for compensation for wrong done to a person or to movable property, if the
wrong was done within the local limits of the jurisdiction of one court and the defendant
resides, or carries on business, or personally works for gain within the local limits of the
jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of
the courts.
215. Other suits to be instituted where defendants reside or cause of
action arises.
(1) Subject to the limitations aforesaid, every suit shall be instituted
in a court within the local limits of whose jurisdiction—
1. the defendant or each of the defendants, where there are more than one, at the time of
the commencement of the suit, actually and voluntarily resides, or carries on business,
or personally works for gain;
2. any of the defendants, where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or
personally works for gain, if in that case either the leave of the court is given, or the
defendants who do not reside, or carry on business or personally work for gain, as
aforesaid acquiesce in such institution; or
3. the cause of action wholly or in part arises.
2. Where a person has a permanent dwelling at one place and also a temporary residence
at another place, he or she shall be deemed to reside at both places in respect of any
cause of action arising at the place where he or she has a temporary residence.
3. A corporation shall be deemed to carry on business at its sole or principal office in
Uganda or, in respect of any cause of action arising at any place where it has also a
subordinate office, at that place.
4. In suits arising out of contract, the cause of action arises within the meaning of this
section at any of the following places—
s. 327 Arson.
s. 332 Casting away ships.
s. 333 Attempt to cast away ships.
s. 335 (2), (3) Punishment for malicious injuries in general.
s. 336 Attempt to destroy by using explosives.
s. 337 Communicating infectious diseases to animals.
s. 348 Forgery of wills, etc.
s. 349 Forgery of judicial or official document.
s. 350 Forgery of and other offences in relation to stamps.
s. 352 Uttering cancelled or exhausted documents.
s. 353 Procuring false signatures on documents.
s. 354 Obliterating crossings on cheques.
s. 355 Making documents without authority.
s. 356 Demanding property upon forged testamentary
instruments.
s. 357 Purchasing forged bank or currency notes.
s. 66 Unlawful assembly.
s. 67 Riot.
s. 81 Threatening violence.
s. 85 Discharge of official duty towards property in which one
has private interest.
s. 86 False claims by officials.
s. 87 Abuse of office.
s. 89 False certificates by public officers.
s. 90 Unauthorised administration of oaths.
s. 91 False assumption of authority.
s. 92 Personating public officers.
s. 93 Threats of injury to persons employed in public service.
s. 94 Perjury.
s. 95 False statements.
s. 96 Perjury by interpreters in legal proceedings.
s. 97 Punishment for perjury read with section 94.
s. 98 Evidence on charge of perjury.
s. 99 Fabrication of evidence.
s. 100 False swearing.
s. 101 Deceiving witnesses.
s. 103 Conspiracy to defeat justice.
s. 104 Compounding felonies.
s. 105 Compounding penal actions.
s. 106 Advertising for stolen property.
s. 113 Fraud by person in public service.
s. 114 Neglect of official duty.
s. 128(1),
Indecent assaults.
(2)
s. 136 Persons living on earnings of prostitution.
s. 137 Keeping a brothel.
s. 140 Conspiracy to defile.
s. 145 Unnatural offences.
s. 146 Attempt to commit unnatural offences.
s. 147 Indecent assault on boys under eighteen.
s. 148 Indecent practices.
s. 149 Incest.
s. 222 Wounding.
s. 223 Failure to supply necessaries.
s. 227 Rash or negligent act endangering human life.
s. 229 Other rash or negligent acts.
s. 230 Negligent dealing with poisons.
s. 231 Endangering safety of persons travelling by railway.
s. 232 Exhibiting false light, mark or buoy.
s. 233 Conveying persons by water in unsafe vessel.
s. 234 Causing danger or obstruction in public way.
s. 262 Stealing wills.
s. 263 Stealing postal matter.
s. 264 Stealing cattle.
s. 265 Stealing vehicle.
s. 267 Stealing from person.
s. 268(a) Stealing by persons in the public service.
2. Stealing by directors or officers of companies.
3. Stealing by clerks and servants.
s. 271 Stealing by agents, etc.
s. 272 Stealing by lodgers.
s. 273 Stealing after previous conviction.
s. 276 Concealing registers.
s. 278 Concealing deeds.
s. 279 Killing animal with intent to steal.
s. 280 Severing with intent to steal.
s. 281 Fraudulent disposition of mortgaged goods.
s. 282 Fraudulent dealing in minerals.
s. 283 Fraudulent appropriation of electrical power.
s. 284 Unlawful use of vehicles.
s. 289 Assault with intent to steal.
s. 293 Demanding property with menaces.
s. 294 Definition of breaking and entering.
s. 295 Housebreaking and burglary.
s. 296 Entering dwelling with intent to commit felony.
s. 297 Breaking into building and committing felony.
s. 298 Breaking into building with intent to commit felony.
s. 300 Persons found, etc. with intent to commit felony.
s. 305 Obtaining goods by false pretences.
s. 306 Obtaining execution of a security by false pretences.
s. 327 Arson.
s. 328 Attempt to commit arson.
s. 329 Setting fire, etc. to crops.
s. 335(2), (3) Punishments for malicious injuries in general.
s. 341 Threats to burn.
s. 342 Forgery.
s. 351 Uttering false documents
Traffic and Road Safety Act (Cap. 361).
s. 29(5) Offences in connection with repairing or dealing in new,
second-hand or reconditioned motor vehicles, etc.
s. 107 Offences in connection with the condition of motor
vehicles, etc. for use on a road.
s. 119 Careless or inconsiderate use of a motor vehicle.
s. 120 Speeding.
s. 123 Offences in connection with emergency motor vehicles.
s. 125 Offences in connection with the duties of drivers in case
of accidents.
Branding of Stock Act (Cap. 41). The whole Act.
Police Act (Cap. 303).
s. 37 Penalty for taking part in an unauthorised assembly.
Liquor Act (Cap. 93).
s. 2 Unlicensed sale of liquor.
s. 15 Sale outside permitted hours.
s. 24 Manufacture of nonexcisable liquor, etc.
s. 25 Denatured spirits.
Cooperative Societies Act (Cap. 112). The whole Act.
Game (Preservation and Control) Act (Cap. 198).
1. by leaving the duplicate of it for him or her with some adult member of his or her
family or with his or her servant residing with him or her or with his or her employer;
or
2. by affixing the duplicate of it to some conspicuous part of the house or homestead in
which the person summoned ordinarily resides and also to some conspicuous place in
the court,
and thereupon the summons or notice shall be deemed to have been duly served.
16. Service of process outside limits of jurisdiction.
(1) Where a court desires a summons or notice to be served at any place outside the limits of
its jurisdiction, it shall forward the summons to the court within the jurisdiction of which the
summons is to be served.
2. Every witness summons shall be forwarded with a sum of money sufficient to cover
the witness’s travelling and subsistence expenses.
3. Where a court receives a summons forwarded to it under the provisions of this rule, it
shall forthwith endorse on it an order for its service and make the necessary
arrangements for that service without delay.
17. Appearances, etc.
1. Subject to subrule (2) of this rule, any application, appearance, or act in any court
required or authorised by law to be made or done by a party in that court may, except
where otherwise expressly provided by any law for the time being in force, be made or
done by the party in person or by his or her advocate.
2. A court may direct that an appearance shall be made by a party in person.
18. Service of process on advocate.
Any process served on the advocate of any party whether by registered post or by leaving it at
the office or ordinary residence of that advocate, and whether the process is for the personal
appearance of the party or not, shall be presumed to be duly communicated and made known
to the party whom the advocate represents and, unless the court otherwise directs, shall be as
effectual for all purposes as if it had been served on the party in person.
19. Nonappearance of plaintiff.
If, on the day fixed for the hearing of a case, the defendant appears in answer to the summons
but the plaintiff does not appear, the court shall, if satisfied that a notice of the time and place
for the hearing has been duly served upon the plaintiff, ask the defendant whether he or she
admits the claim and—
1. if the defendant admits the claim or any part of it, the court may give judgment against
him or her for the claim or such part of it as he or she admits; or
2. if the defendant does not admit the claim, the court may give judgment for him or her
or adjourn the hearing to another date; and where another date is fixed for the hearing,
the court shall cause a notice to be served on the plaintiff and the defendant requiring
each to attend the court at the time and place specified in the notice.
20. Nonappearance of defendant.
If, on the date fixed for the hearing, the plaintiff appears but the defendant does not appear,
the court may, if satisfied that a summons notifying the defendant of the time and place for
the hearing has been duly served upon him or her, proceed to hear the evidence of the plaintiff
and his or her witnesses, if any, and if satisfied that the plaintiff has established his or her
claim in whole or in part, shall give judgment for the plaintiff accordingly.
21. Nonappearance of either party.
1. If on the day fixed for the hearing or any date to which the hearing of a suit is
adjourned, neither party appears, the court may order that the claim be dismissed.
2. Where a claim is dismissed under this rule, the plaintiff may bring a fresh suit in
respect of the same claim.
22. Setting aside judgment given in the absence of a party.
1. Subject to subrule (2) of this rule, where judgment has been given for a party under
rule 20, the party against whom judgment was given may notify the court of the
reasons which prevented his or her attendance at the time and place fixed for the
hearing; and if the court is satisfied that there is good and sufficient reason for the
absence of the party, it may, upon such terms and conditions as it thinks fit, set aside
the judgment and fix a new date for the hearing of the case and shall thereafter give
due notice of the new date for the hearing to both parties.
2. No judgment may be set aside under this rule where the court is satisfied that the party
against whom judgment was given was duly served with the hearing notice, unless the
notification under this rule is made within a reasonable time from the date on which
judgment was given.
23. Procedure on appearance of both parties.
On the appearance of both parties before the court, the defendant shall be asked by the
magistrate whether or not he or she admits the claim of the plaintiff, and—
1. if the defendant admits the claim in its entirety, judgment shall be forthwith given for
the plaintiff; or
2. if the defendant does not admit the claim or admits it only in part, the court shall
proceed to hear the evidence of the parties.
24. Hearing.
1. Unless the court otherwise orders, the evidence of the plaintiff shall first be heard
followed by that of his witnesses, if any.
2. At the close of the evidence of the plaintiff and that of each of his or her witnesses, the
defendant shall be given the opportunity of cross-examining the plaintiff and each of
the plaintiff’s witnesses.
3. At the close of the evidence of the plaintiff and his or her witnesses, the evidence of
the defendant followed by that of his or her witnesses, if any, shall be heard, and the
plaintiff shall be given the opportunity of cross-examining the defendant and each of
his or her witnesses.
4. The court may at any time put questions to either party or to any witness and may in
its discretion call such additional evidence as it considers necessary.
5. The court may, for sufficient reason at any time before or after beginning to hear the
suit, adjourn the hearing; and in every such case the court shall fix a day for the further
hearing of the suit.
25. Evidence to be recorded.
The evidence of the parties and that of each witness shall be taken down in writing by or in
the presence and under the personal direction and superintendence of the magistrate, not
ordinarily in the form of question and answer but in that of narrative, and when completed
shall be read back in the open court in the hearing of both parties, and the record shall then be
signed by the party or witness who gave the evidence and countersigned by the magistrate;
except that where the party or witness who gave the evidence objects to the correctness of the
evidence as recorded, the magistrate shall consider the objection and shall—
1. if he or she finds the objection justified, rectify the record of the evidence accordingly;
or
2. if he or she finds the objection unjustified, record the objection and the reasons for his
or her refusal to rectify the record of the evidence accordingly,
and the record shall then be signed by the party or witness who gave the evidence and
countersigned by the magistrate.
26. Assessors.
1. In the hearing of any suit, the magistrate may, if he or she deems it fit, and shall, at the
request of either party in suits involving land disputes, divorce proceedings in a
customary marriage, custody of children under customary law or the recovery of
dowry, summon to his or her assistance two assessors chosen under subrule (4).
2. At the commencement of the hearing the magistrate shall inform the parties of their
right, if any, to request for assessors and shall explain to the parties the role of
assessors.
3. Every summons to an assessor shall be in writing and shall require his attendance as
an assessor at the time and place specified in the summons.
4. For the purposes of subrule (1) of this rule, the chief magistrate of the area shall, in
consultation with each subcounty chief of the area of each court, appoint a panel of
assessors, at least seven from each subcounty and all of whom shall have been
nominated by their subcounty executive committees, from among whom any two may
assist the magistrate in hearing any suit, and the panel shall be subject to review from
time to time, and in any case, once every year.
5. There shall be a “call day” for the panel of assessors appointed under subrule (4) at
least once every month, on which day the two assessors for every particular suit shall
be chosen by the magistrate subject to subrules (8) (9) and (10).
6. At the commencement of the hearing, each assessor shall take an oath impartially to
advise the court to the best of his knowledge, skill and ability on the issues pending
before the court.
7. Either party to a suit or his or her advocate may, before an assessor is sworn, or at any
other time before the actual hearing of the suit commences, in court challenge the
assessor on any of the following grounds—
Appendix B . Fees.
rule 39.
Fees. Shs.
Inspection:
Appendix C.
rule 40. Forms.
Form 1.
Witness Summons.
The Magistrates Courts Act.
http://www.saflii.org/ug/legis/consol_act//mca232/In the court of
Civil Case. No. of 20 ____
, Plaintiff
versus
, Defendant
To:
Whereas your attendance is required as a witness on behalf of the
in the above suit, you are required
to appear before this court on the day of , 20 ____
at o’clock in the forenoon and to bring with you (or to send to this
court)
Dated this day of , 20 ____.
Magistrate
Form 2.
Summons and Hearing Notice.
The Magistrates Courts Act.
http://www.saflii.org/ug/legis/consol_act//mca232/In the court of
Civil Case. No. of 20 ____
, Plaintiff
versus
, Defendant
To:
Whereas the above-named plaintiff has instituted a suit against the above-named defendant
for
You are required to appear before this court on the day of
, 20 ____ at o’clock in the forenoon and to
bring your witnesses with you.
If no appearance is made by you or by a person authorised by law to act for you, the case may
be heard and decided in your absence.
Dated this day of , 20 ____.
Magistrate
Form 3.
Warrant of Attachment and Sale of Property.
The Magistrates Courts Act.
In the court of
Civil Case. No. of 20 ____
, Plaintiff
versus
, Defendant
To:
Whereas was ordered by a judgment of
this court passed on the day of , 20 ____ in the
above case to pay to
the sum of shs. .
And whereas this sum has not been paid, you are ordered to attach the property of
as set forth in Part I of the Schedule to this warrant and unless he/she pays to you that sum to
sell by public auction, subject to the conditions set out in Part II of the Schedule to this
warrant, that property in execution of the judgment or so much of it as will realise that sum.
You are also ordered to return this warrant on or before the day of
, 20 ____ with an endorsement certifying the manner in
which it has been executed or the reason why it has not been executed.
Dated this day of , 20 ____.
Magistrate
Schedule.
Part I.
(Short description of property).
Part II . Conditions of sale.
1. The subject matter of the sale is the property of the above-mentioned judgment debtor
specified in Part I of the Schedule.
2. The property will be put in one lot or in such lots as the person conducting the sale
shall determine.
3. If the debt specified above is paid in full before the knocking down of any lot, the sale
shall be stopped.
4. No bid by or on behalf of the judgment creditor will be accepted nor will any sale to
him or her be valid without the express permission of the court.
5. The person conducting the sale shall withdraw any lot if the highest bid for it appears
so clearly inadequate as to make it advisable so to do.
Form 4. Notice to Show Cause Why Warrant of Arrest and Imprisonment Should
not be Issued. The Magistrates Courts Act.
In the court of
Civil Case. No. of 20 ____
, Plaintiff
versus
, Defendant
To:
Whereas has applied to this court for
execution of the judgment in the above case, by which you were ordered to
pay the sum of shs. by arrest and imprisonment of your
person, you are required to appear before this court on the day of
, 20 ____ at o’clock in the forenoon to show
cause why you should not be committed to prison in execution of that judgment.
Dated this day of , 20 ____.
Magistrate
Form 5.
Warrant for Arrest in Execution.
The Magistrates Courts Act.
In the court of
Civil Case. No. of 20 ____
, Plaintiff
versus
, Defendant
To:
Whereas was ordered by a judgment in
the above case dated the day of , 20____ to pay to
the judgment creditor the sum of shs. .
And whereas that sum has not been paid, except to the extent of
shs. *.
You are ordered to arrest the judgment debtor and unless he/she pays to you
the sum of shs. , less the sum of shs.
already paid*, to bring him or her before this court.
You are also ordered to return this warrant on or before the
day of , 20 ____ with an endorsement certifying
the day on which it has been executed or the reason why it has not been executed.
Dated this day of , 20 ____.
Magistrate *Delete if inapplicable.
Form 6.
Warrant of Committal of Judgment Debtor to Prison.
The Magistrates Courts Act.
http://www.saflii.org/ug/legis/consol_act//mca232/In the court of
Civil Case. No. of 20
versus To:
The officer in charge of the prison at
Whereas has been brought before this
court this day of , 20 ____ under a warrant in
execution of a judgment which was pronounced by this court on the
day of , 20 ____, and by which judgment it was ordered
that the should pay the sum of shs. .
And whereas has neither obeyed the
judgment nor satisfied the court that he/she is entitled to be discharged from custody.
You are required to take and receive
into prison and keep him/her imprisoned there
for a period not exceeding or until the judgment
shall sooner be fully satisfied.
Dated this day of , 20 ____.
Magistrate
History: Act 13/1970; Decree 17/1971, s. 1; Decree 25/1971, s. 3; Decree 26/1971, s. 142;
Decree 27/1971; S.I. 18/1971; S.I. 90/1971, s. 1; Decree 11/1972; Decree 18/1978; Statute
15/1980; S.I. 81/1983; S.I. 4/1984; Act 4/1985; S.I. 51/1987; Statute 6/1990; Statute 6/1996,
s. 114; Statute 13/1996, s. 49; Act 10/1998.
Cross References
Civil Procedure Act, Cap. 71.
Constitution of 1995.
Criminal Procedure Code Act, Cap. 116.
Evidence Act, Cap. 6.
Evidence (Bankers’ Books) Act, Cap. 7.
Firearms Act, Cap. 299.
Habitual Criminals (Preventive Detention) Act, Cap. 118.
Judicature Act, Cap. 13.
Justices of the Peace Act, Cap. 15.
Penal Code Act, Cap. 120.
Prevention of Corruption Act, Cap. 121.
Sale of Goods Act, Cap. 82.
Traffic and Road Safety Act, Cap. 361.
Weights and Measures Act, Cap. 103.