Schedule 1 (Sections 1, 227(1))
Currency point
A currency point is equivalent to twenty thousand shillings.Schedule 2 (Sections 161,227(2))
Offences which cannot be tried and provisions which cannot be administered or enforced by magistrates grade I
Penal Code Act, Cap. 128
All the sections in Chapter VI which is headed “Treason and offences against the state".All the sections in Chapter VII which is headed “OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY”.s. 53 | Managing unlawful society |
s. 54 | Offences in relation to an unlawful society |
s. 55 | Restrictions on office bearers |
s. 66 | Rioting after proclamation |
s. 67 | Preventing or obstructing the making of proclamation |
s. 68 | Rioters demolishing buildings, etc. |
s. 69 | Rioters injuring buildings, machinery, etc. |
s. 78 | Watching and besetting |
s. 79 | Incitement to violence |
s. 80 | Smuggling |
s. 95(1)(a) | Rescue |
s. 110 | Definition of rape |
s. 111 | Punishment for rape |
s. 112 | Attempt to commit rape |
s. 113 | Abduction |
s. 116 | Defilement of persons under eighteen years of age |
s. 119 | Defilement of idiots or imbeciles |
s. 120 | Procuration |
s. 121 | Procuring defilement of women by threats |
s. 122 | Householder, etc. permitting defilement of girl under the age of eighteen |
s. 123 | Detention with sexual intent |
s. 130 | Attempts to procure abortion |
s. 131 | Attempts to procure miscarriage |
s. 132 | Supplying drugs, etc. to procure abortion |
s. 141 | Fraudulent pretence of marriage |
s. 142 | Bigamy |
s. 143 | Performing fraudulent marriage ceremony |
s. 147 | Child stealing |
s. 157 | Adulteration of drugs |
s. 158 | Sale of adulterated drugs |
All the sections in Chapter XVI which is headed “DEFAMATION”.All the sections in Chapter XVII which is headed “MURDER AND MANSLAUGHTER”.All the sections in Chapter XIX which is headed “OFFENCES CONNECTED WITH MURDER AND SUICIDE”.s. 197 | Disabling in order to commit a felony |
s. 198 | Stupefying in order to commit a felony |
s. 199 | Acts intended to cause grievous harm or prevent arrest |
s. 200 | Preventing escape from wreck |
s. 201 | Intentionally endangering safety of persons travelling by railway |
s. 202 | Doing grievous harm |
s. 203 | Attempting to injure by explosive substances |
s. 204 | Maliciously administering poison |
s. 210 | Causing death by rash or negligent act |
s. 220 | Assaults on persons protecting wreck |
s. 222 | Definition of kidnapping from Uganda |
s. 223 | Definition of kidnapping from lawful guardianship |
s. 224 | Definition of abduction |
s. 225 | Definition of abduction |
s. 226 | Kidnapping in order to murder, etc. |
s. 227 | Kidnapping or abducting with intent to confine |
s. 229 | Wrongful concealing of kidnapped person |
s. 230 | Kidnapping or abducting child under fourteen years |
s. 231 | Wrongful confinement |
s. 232 | Buying a person as a slave |
s. 233 | Habitual dealing in slaves |
s. 234 | Inducing a person to give up himsel for herself as a slave |
s. 258 | Concealing wills |
s. 262 | Fraudulent disposition ofmortgaged goods |
s. 266 | Definition of robbery |
s. 268 | Attempted of robbery |
s. 270 | Demanding property by written threats |
s. 271 | Attempts at extortion by threats |
s. 272 | Procuring execution of deeds by threats |
s. 279 | Committing or attempting to commit certain offences while armed |
s. 289 | Conspiracy to defraud |
s. 290 | Frauds on sale or mortgage of property |
s. 299 | Smuggling |
All the sections in Chapter XXX which is headed “FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING”.s. 304 | Arson |
s. 309 | Casting away ships |
s. 310 | Attempt to cast away ships |
s. 312(2), (3) | Punishment for malicious injuries in general |
s. 313 | Attempt to destroy property using explosives |
s. 314 | Communicating infectious diseases to animals |
s. 325 | Forgery of wills, etc. |
s. 326 | Forgery ofjudicial or official document |
s. 327 | Forgery of and other offences in relation to stamps |
s. 329 | Uttering cancelled or exhausted documents |
s. 330 | Procuring false signatures on documents |
s. 331 | Obliterating crossings on cheques |
s. 332 | Making documents without authority |
s.333 | Demanding property upon forged testamentary instruments |
s. 334 | Purchasing forged bank or currency notes |
s. 335 | Falsifying warrant for money payable under public authority |
s. 336 | Falsification of register |
s. 337 | Sending false certificate ofmarriage |
s. 340 | Counterfeiting |
s. 341 | Preparations for coining |
s. 342 | Possession of paper or instruments for forgery |
s. 343 | Clipping |
s. 344 | Melting down of currency |
s. 345 | Possession of coin clippings |
s. 347 | Repeated uttering |
s. 348 | Uttering metal or coin not current as coin |
s. 349 | Exporting counterfeit coin |
s. 350 | Selling articles bearing designs in imitation of currency |
Section 71 of the Trademarks Act, Cap. 225 which is headed “Forging or counterfeiting trade mark”.s. 355 | Falsely acknowledging deeds |
s. 365 | Conspiracies generally |
Traffic and Road Safety Act, Cap. 347
s. 41 | Corruptly soliciting a gift, etc. for issuing a document required under the Act |
s. 100 | Causing bodily injury or death through reckless driving, etc. |
s. 101 | Driving a motor vehicle with blood alcohol concentration above the prescribed limit |
s. 102 | Driving while under the influence of drugs |
s. 109(1), (2), (3) | Driving while disqualified or without driving permit |
s. 113 | Failing to stop at a railway crossing |
Traffic and Road Safety Regulations, (See statutory instruments for Cap. 347)
Reg. 65 | Penalty for using motor omnibus where construction or equipment does not comply with regulations. |
Cotton Development Act, Cap. 36
s. 8 | Isolated and segregated areas |
s. 10 | Requisition and distribution of cotton seed for planting |
s. 11 | Power to prohibit movement of cotton seed |
s. 12 | Destruction of pestiferous cotton seed |
s. 19 | Dates for cotton buying |
s. 20 | Duties of registered ginner |
s. 21 | Books to be kept of transactions |
Firearms Act, Cap. 320
The whole ActWeights and Measures Act, Cap. 84
s. 44(2) | That part of the subsection dealing with enhanced penalties for second or subsequent convictions |
Parliamentary Elections Act, Cap. 177
s. 95 | Offences relating to voting |
ss. 87, 88, 89, 90, 91 | Illegal practices |
Schedule 3 (Sections 218, 227(2))
Civil Procedure Rules for courts presided over by magistrates grade II
1.InterpretationIn these Rules, unless the context otherwise requires—“appellate court” means a court to which an appeal lies;“assessor” means any person between the ages of twenty-one and sixty years who is not exempted from liability to serve as an assessor in any court of law by any written law;“court” means a magistrate’s court presided over by a magistrate grade II;“magistrate” means magistrate grade II.2.PlaintiffAll persons claiming any right to relief in respect of a cause of action whether jointly, severally or in the alternative, may be joined in one suit as plaintiffs where, if those persons brought separate suits, there would arise a common question of law or fact.3.Power of court to order separate trialsWhere it appears to the court that any joinder of plaintiffs may embarrass, delay the trial of the suit or cause a miscarriage of justice, the court may use the plaintiffs to their election or order separate trials or make such other order as may be expedient.4.DefendantAll persons against whom there is a claim of any right to relief in respect of a cause of action, whether jointly, severally or in the alternative, may be joined as defendants where, if separate suits were brought against those persons, there would arise a common question of law or fact.5.Joinder of parties liable on the same contractA plaintiff may, at his or her option, join as parties to the same suit all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.6.Where plaintiff in doubt from whom redress to be soughtWhere the plaintiff is in doubt as to the person from whom he or she is entitled to obtain redress, he or she may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties.7.Representative actions(1)Where there are more persons than one having the same interest in one suit or cause of action, one or more of those persons may, on the written authority under the hand of each of the interested persons and with the permission of the court, sue or be sued, or may defend in such suit, on behalf of all persons.(2)The court shall, in a suit brought under this rule, give notice of the institution of the suit to all interested persons either by personal service or where from the number of persons or any other cause that service is not reasonably practicable, by such public advertisement as the court may in each case direct.(3)Any person on whose behalf a suit is instituted or defended under subrule (1) of this rule may apply to the court to be joined as a party to the suit.8.Misjoinder and nonjoinderNo suit may be defeated by reason of a misjoinder or nonjoinder of parties, and the court may in every suit deal with the matter in dispute so far as regards the rights and interests of the parties actually before it.9.Suit in name of wrong plaintiff(1)Where a suit has been instituted in the name of a wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may, at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or joined as plaintiff upon such terms as the court thinks fit.(2)No person may be joined as a plaintiff suing without next friend or as next friend of a plaintiff under any disability without his or her consent in writing to the joinder.10.Court may strike out or join parties(1)The court may at any stage of the proceedings either of its own motion or on application made for that purpose by any person and on such terms as may appear to the court to be just, order that the name of any party improperly joined be struck out or that the name of any person who ought to have been or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, be joined.(2)Where a plaintiff or defendant is struck out before the hearing of the suit, a notice to that effect shall be served upon him or her before the date fixed for the hearing.(3)Where a defendant is joined or substituted, an amended copy of the summons shall be served on the new defendant and if the court thinks fit, in the first defendant.(4)For the purpose of limitation, the proceedings as against any person joined or substituted as defendant shall be deemed to have begun on the service of the summons on him or her.11.Act giving rise to criminal and civil proceedingsWhere, by reason of any act or omission, any person is liable to be prosecuted for a criminal offence and to be sued in a case of a civil nature, the case of a civil nature shall not be commenced, or if commenced shall be stayed until after the trial of the criminal offence.12.Institution of case(1)Subject to subrule (2) of this rule, where a person, not being represented by an advocate, desires to institute a suit, he or she shall state, either orally or in writing, as may be directed by the magistrate, the nature of the claim against the defendant; and if the statement is oral, the magistrate shall record the substance of it in writing.(2)Where a person who desires to institute a suit is represented by an advocate, the statement of claim against the defendant made under this rule shall be in writing.(3)Notice of the substance of the plaintiffs claim made under the provisions of this rule shall be served upon the defendant either together with or incorporated in the summons requiring him or her to attend the court at the time and place specified in the notice for the hearing of the case.(4)A notice served upon the defendant under this rule shall declare that if the defendant does not appear in court on the day fixed for the hearing, the case may be heard ex parte.(5)A notice of the time and place for the hearing of a case instituted under this rule shall be served on the plaintiff.13.Application for witness summonses(1)At any time, after the issue of a writ of summons, either party may, on application to the magistrate, obtain summonses to witnesses whose attendance to give evidence is required.(2)A party applying for a summons under this rule shall at the time of the application pay to the court such sum of money as appears to the magistrate to be sufficient to defray travelling and other expenses of the persons to be summoned to and from the court and for one day’s attendance at the court.(3)The sum paid into court under this rule shall be tendered to the persons summoned at the time of the service or, if the magistrate so directs, the person summoned may be notified that such a sum shall be paid to him or her on attendance at the court.14.Witness summonses(1)Prior to the date fixed for the hearing of a case, summonses shall be issued by the magistrate requiring attendance at the time and place specified in the summonses of such witnesses as may be required.(2)Every witness summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him or her a duplicate of the summons and at the same time producing, if so required, the original.(3)Every person upon whom a summons is served shall sign or put his or her mark, in recognition of the receipt of the summons upon the back of the original of the summons; and if he or she refuses to do so, the person who has effected service of the summons shall record the refusal in writing.(4)Where, without sufficient excuse, a witness does not appear in obedience to the summons, the magistrate, on proof of the proper service of the summons in reasonable time before the hearing date, may issue a warrant to bring him or her before the court at a time and place to be specified in the warrant.(5)When a witness is arrested under a warrant and brought before the court, and his or her evidence is not taken forthwith, the court may, on his or her furnishing security to the satisfaction of the court for his or her appearance at the hearing of the case, order him or her to be released from custody, or on his or her failing to furnish security order him or her to be detained for production at the hearing.15.Mode of service(1)Every summons or notice issued under these Rules and requiring service shall be served by the court clerk or any other person authorised by him or her, a chief or a member of any police force.(2)Subject to these Rules, service of a summons or notice shall be effected by delivering to the person named in the summons or notice, a duplicate of the summons or notice signed by the magistrate or such officer as the magistrate may appoint for that purpose.(3)Where it is not practicable to effect personal service ofa summons or notice in the manner provided by or under rules 12(3) and 14 of these Rules, service of the summons or notice may be made—(a)by leaving the duplicate of the summons or notice for the person named in the summons or notice 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(b)by affixing the duplicate of the summons or notice 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 the summons or notice shall then 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 this rule, the court shall forthwith endorse on the summons 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 advocateAny 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.Non-appearance of plaintiffIf, 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—(a)if the defendant admits the claim or any part of the claim, the court may give judgment against him or her for the claim or such part of the claim as he or she admits; or(b)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.Non-appearance of defendantIf, 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.Non-appearance 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 ofthe same claim.22Setting 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, the court may, upon such terms and conditions as the court 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 partiesOn 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—(a)if the defendant admits the claim in its entirety, judgment shall be forthwith given for the plaintiff; or(b)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 or her 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 crossexamining 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 recordedThe 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—(a)if he or she finds the objection justified, rectify the record of the evidence accordingly; or(b)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 or her attendance as an assessor at the time and place specified in the summons.(4)For the purposes of subrule (1), 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 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 (7), (8) and (9).(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—(a)presumed or actual partiality or vested interest in the suit;(b)physical incapacity such as minority, old age, deafness, blindness or other infirmity;(c)general character, conduct and reputation in the community where the assessor lives.(8)The assessor so challenged may then respond to the challenge in court by giving an explanation or answer to the challenge, on oath but the court shall give the benefit of any doubt to the party raising the challenge.(9)Where a challenge against an assessor is upheld by the court, the assessor shall be abandoned and another one summoned by the magistrate, before the hearing of the suit commences.(10)If, in any proceedings heard with the aid of assessors—27.Hearing with assessors(1)If, in any proceedings heard with the aid of assessors—(a)the proceedings are adjourned, the assessors shall be required to attend at the adjourned sitting and at any subsequent sitting until the finding;(b)at any time before the finding, any assessor is from any sufficient cause prevented from attending throughout the proceedings, or absents himself, and it is not practicable immediately to enforce his attendance, the hearing shall proceed with the aid of the other assessor;(c)at any time before stating their opinion, both assessors are prevented from attending or absent themselves, the proceedings may be continued without assessors if the magistrate is satisfied that the attendance of the assessors or either of them cannot be secured without unreasonable delay and that it would be in the interests of justice to proceed without assessors.(2)When the case for both sides has been closed, the magistrate shall sum up all the evidence and shall then require each assessor separately to state his opinion orally and shall record that opinion.(3)Nothing under this rule shall be deemed to prohibit the assessors at any time during the proceedings from consulting each other or from retiring to consider their opinion if they so wish.28.Judgment(1)After hearing all the evidence and submissions and where applicable, receiving and recording the opinions of the assessors, the magistrate shall deliver judgment.(2)In delivering judgment under this rule the magistrate shall not be bound by the opinions of the assessors.(3)A judgment delivered under this rule shall be in writing and shall contain—(a)the nature of the plaintiff’s claim;(b)the nature of the defence;(d)the decision of the court together with the reasons for the decision, and where the magistrate does not conform to the opinion of any assessor, the reasons for not doing so;(e)the remedy, if any, to which the plaintiff is entitled; and(f)if the plaintiff is entitled to a remedy, the order of the court necessary to enforce it.(4)Where judgment is not delivered immediately after the hearing of all the evidence, the magistrate shall notify the parties or their advocates of the date on which judgment is to be delivered.29.Court may give judgment for or against one or more joined partiesJudgment may be given—(a)for such one or more of the plaintiffs as may be found to be entitled to relief as he or she or they may be entitled to;(b)against such one or more of the defendants as may be found to be liable according to their respective liabilities.30.Execution of court order(1)Where any order of the court pursuant to any judgment remains unsatisfied, the person in whose favour it was made may apply to the court which made the order for its execution, and the court may order the execution of the order or take such steps to enable the execution to be effected as it deems necessary.(2)Any process issued by the court under this rule for the execution of its order, decree, or the enforcement of a judgment debt shall be executed by an officer, chief or employee of the Government, or the council of a district or such other person within the jurisdiction of the court as the court may appoint.(3)It shall be the duty of the officers, chief or employee referred to in subrule (2) of this rule or such other person entrusted with the execution of the process to obey the court’s order and to execute the process in such a manner and within the time limit specified in the process for the return of the process, and if the time limit has been exceeded or if the process was not executed at all, he or she shall give the reason of the delay or the reason why the process was not executed, as the case may be.(4)Where the court is of the opinion that the process was delayed or was not executed through the inability of the person entrusted with the execution of the process, the court may examine that person for his or her alleged inability and the court may if it thinks fit, summon and examine witnesses as to that inability and may impose on such a person such penalty as is provided by or under any written law.(5)Where a court broker or any other person is directed to execute an order of the court, he or she shall first report to the subcounty chief of the area where the judgment debtor ordinarily resides, and thereafter the execution of the court’s order shall be done in the presence of the parish chief and two other witnesses from the debtor’s neighbourhood.(6)The person executing the order shall file in the court a return on the execution, bearing the signatures of the subcounty chief, the parish chief of the area and of the two witnesses to the execution.(7)The magistrate, after satisfying himself or herself that the return is proper, shall endorse the return.(8)No execution shall be levied on the property of any person other than the judgment debtor.(9)Any objection to the execution shall be heard and disposed of expeditiously and, in any case, before the property upon which the execution is being levied is sold or otherwise disposed of.31.Attachment and sale(1)Where the court orders execution by attachment and sale of any property—(a)the sale shall be conducted by a public officer or an officer of a district administration or urban authority or in the presence of the said officer by such other person as the court may appoint;(b)the magistrate after satisfying himself or herself that the attachment was done in accordance with the warrant and that there is no objection to the attachment and that the debtor is still unable to pay the decretal amount and the costs of execution so far incurred, shall endorse the return on the attachment and authorise the sale of the property attached.(2)No execution of a court order involving the attachment of the judgment debtor’s immovable or real property, crops still in the field, the dismantling of his or her dwelling house or the removal of the judgment debtor from the land shall be carried out except with the prior written consent of the chief magistrate, or such other magistrate as may be designated by the Chief Justice of the area where that property is situate.(3)Before granting written consent under subrule (2) of this rule, the chief magistrate or the designated magistrate shall first peruse the court file and satisfy himself or herself as to the facts and judgment of the suit or appeal in question.(4)No attachment shall be made of property whose value grossly exceeds the decretal amount specified in the court order.(5)A sale of property under these Rules shall be by public auction, of which public notice in such manner as the court may direct shall first be given, and the magistrate shall guide persons conducting the sale on the value of the property being sold having regard to the prevailing prices of such property.(6)All proceeds from the sale of property under an execution order shall be deposited in court or disbursed to the relevant parties by the magistrate who shall reflect the disbursement on the case record.(7)The court broker or any other person carrying out the execution order shall, after depositing the proceeds of the sale in the court, file his or her bill of costs of the execution with the magistrate who shall tax the bill of costs and record it on the court file.(8)Where the proceeds of sale under this rule exceed the decretal amount plus the costs of execution, the magistrate shall ensure that the balance in excess is repaid to the judgment debtor.32.Execution contrary to Rules(1)Any person who executes an order of the court contrary to the provisions of rule 30 or 31 commits an offence and is liable, on conviction, to imprisonment for a term of three months.(2)A court broker who is convicted of an offence under subrule (1) shall, in addition to the penalty prescribed under that subrule forfeit his or her licence and shall not be eligible to be issued another licence.33.Arrest and detention of judgment debtor(1)The court shall not order the detention in prison of a judgment debtor unless—(a)the debtor is first given an opportunity of showing cause why he or she should not be so detained; and(b)the court is satisfied that since the date of judgment, the debtor has had sufficient means, after providing for the maintenance of himself or herself and his or her family, if any, to pay the judgment debt and has no property of sufficient value which can be attached in satisfaction of the judgment debt.(2)Where a court orders the detention in prison of a judgment debtor under this rule for a debt specified in the first column of Appendix A to these Rules, that person may be detained for the period respectively specified in the second column of that Appendix or until the judgment debt is satisfied, whichever period is the shorter.(3)A judgment debtor released from detention under this rule shall not merely by reason of his or her release be discharged from his or her debt.34.Execution of judgment outside jurisdiction(1)Where a court desires a judgment to be enforced outside the limits of the court’s jurisdiction, the court shall forward the judgment to the court within the jurisdiction of which the judgment is to be enforced.(2)A court forwarding a judgment to another court shall endorse on the judgment particulars of any payment already made in part satisfaction of the judgment.(3)When a court receives a judgment forwarded to it under this rule, the court shall—(a)enter the judgment in its civil case register;(b)enforce the judgment on the application of the judgment creditor;(c)inform the court which issued the judgment of any money or property recovered under the judgment; and(d)return the judgment when satisfied to the court which issued it, or, if judgment is not satisfied, return it to that court after the expiration of twelve months from the date of its receipt.35.Court to be open to publicThe court shall be open to the public generally unless the magistrate, for reasons to be recorded in writing, otherwise directs.36.Person in court to give evidence or produce documentAny person present in court may be required by the court to give evidence or to produce any document there and then in his or her possession or control.37.Where functions of magistrates to be performed, etc.Any function which is conferred by these Rules upon a magistrate may, unless it is otherwise provided expressly or by necessary implication, be performed by him or her in any premises in which the court ordinarily sits or elsewhere.38.RecordsThe following records shall be kept in all courts—(a)a file for each case containing particulars of the case, including the substance of the evidence given by the parties and their witnesses, a list of exhibits, if any, and judgment of the court;(b)a civil case register, which shall contain the following particulars—(i)the serial number of the case;(ii)the date of the statement of claim;(iii)the name and address of the plaintiff;(iv)the name and address of the defendant;(v)the fee and number of court receipt;(vi)a brief description of the case;(vii)the date of hearing;(viii)the names of witnesses;(ix)the decision or final order of the court, and the date of the decision or final order;(x)the date of payment of any judgment debt;(xi)particulars of execution of the judgment.39.Fees(1)Subject to subrule (2), the fees specified in Appendix B to these Rules shall be levied in respect of the matters and proceedings specified in that Appendix.(2)A court may waive or reduce any fee leviable under this rule having regard to the means of the litigant affected.40.FormsThe forms set out in Appendix C to these Rules, with such variations as the circumstances of each case may require, may be used for the purposes mentioned in the forms.Appendix A (Rule 33)
Period of determination of judgment debtor
Amount of judgment debt | Maximum period |
---|
Not exceeding shs. 1,000 | One week |
Exceeding shs. 1,000 but not exceeding shs. 5,000 | One month |
Exceeding shs. 5,000 but not exceeding shs. 10,000 | Two months |
Exceeding shs. 10,000 but not exceeding shs. 15,000 | Three months |
Exceeding shs. 15,000 but not exceeding shs. 20,000 | Four months |
Exceeding shs. 20,000 but not exceeding shs. 25,000 | Five months |
Exceeding shs. 25,000 | Six months |
Appendix B (Rule 39)
Fees
Fees | Shs |
---|
Grade II Magistrates Courts: | |
---|
1. | Except as otherwise provided herein, where the amount involved does not exceed shs. 200 For every additional shs. 2,000 or part thereof | 100 |
For every additional shs. 2,000 or part thereof | 100 |
2. | Claims relating to land | 750 |
3. | Claims relating to cattle— | |
for one to ten heads of cattle | 500 |
for eleven to forty heads of cattle | 1,000 |
for forty-one or more heads of cattle | 4,000 |
4. | Claims relating to sheep or goats— | |
for one to ten animals | 50 |
for eleven to twenty animals | 100 |
for twenty-one to forty animals | 150 |
for forty-one or more animals | 300 |
5. | Where the case involves chickens or other birds regardless of number | 30 |
Copies of proceedings or documents: | |
---|
1. Certified copies; for every page | 50 |
2. Uncertified copies; for every page |
30 |
Inspection: | |
---|
For every inspection of a record by a party or his or her advocate | 50 |
Appendix C (Rule 40)
Forms