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(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—
(a)the serial number;
(b)the date of the commission of the offence;
(c)the date of the complaint;
(d)the name of the complainant;
(e)the name, parentage and residence of the accused;
(f)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 twelve currency points or both;
(b)offences against the Weights and Measures Act;
(c)common assault under section 218 of the Penal Code Act;
(d)theft under Chapter XXIV of the Penal Code Act where the value of the property stolen does not exceed ten million shillings;
(e)receiving or retaining stolen property under Chapter XXIX of the Penal Code Act where the value of the property does not exceed ten million shillings;
(f)malicious injury to property where the value of the property does not exceed ten million shillings;
(g)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 re-hear the case in the manner provided by the preceding sections of this Part.
(4)No sentence of imprisonment exceeding three months and no fine exceeding six currency points shall be passed or inflicted in the case of any conviction under this section except when the person accused pleads guilty.
A chief magistrate or grade I magistrate may try certain minor offences under a shortened procedure without recording complete evidence. The magistrat...
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