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(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—
(a)the serial number of the case;
(b)the name of the accused;
(c)the date on which the accused first appeared before the court in answer to the charge;
(d)the date on which the proceedings terminated;
(e)the offence charged;
(f)the plea of the accused;
(g)the finding and sentence or other order.
(3)No sentence of—
(a)imprisonment exceeding fourteen days;
(b)fine exceeding ten million shillings with or without imprisonment in default thereof; or
(c)forfeiture,
shall be passed in the case of a conviction for any offence tried under this section.
(4)A magistrate may, if he or she thinks fit, and shall, if so requested by the accused or his or her advocate or by the prosecutor, record a sufficient note of any question of law which may arise during the trial of an offence under this section and of any relevant evidence relating to that question of law, and shall, if so required by the Chief Registrar of the High Court, transmit that note to the High Court.
(5)Any fit person may be appointed as a petty sessional magistrate for the purposes of this section, and any person so appointed shall have such jurisdiction only as is necessary to hear and determine cases in the magisterial area to which he or she has been appointed, in the manner provided in this section.
(6)The office of a petty sessional magistrate is an office to which the provisions of Article 148 of the Constitution apply.
(7)The remuneration of a petty sessional magistrate shall be such amount as the Minister may, after consultation with the Treasury, determine.
(8)No appeal shall lie against any finding, sentence or other order in a case tried under this section.
(9)This section applies to—
(a)a chief magistrate and a magistrate grade I; and
(b)a petty sessional magistrate.
A magistrate can try minor offences using a faster procedure if the prosecutor agrees. In such trials, the court does not have to record witness evide...
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