ADVOKS GLOBAL · KENYA
Criminal Procedure Code
171. Power to order costs against accused or private prosecutor
Edition: 2023-12-11 · In force
171. Power to order costs against accused or private prosecutor
(1)A judge of the High Court or a magistrate of a subordinate court of the first or second class may order a person convicted before him of an offence to pay to the public or private prosecutor, as the case may be, such reasonable costs as the judge or magistrate may deem fit, in addition to any other penalty imposed.(2)A judge of the High Court or a magistrate of a subordinate court of the first or second class who acquits or discharges a person accused of an offence may, if the prosecution for the offence was originally instituted on a summons or warrant issued by a court on the application of a private prosecutor, order the private prosecutor to pay to the accused such reasonable costs as the judge or magistrate may deem fit:Provided that—(i)the costs shall not exceed twenty thousand shillings in the High Court or ten thousand shillings in the case of an acquittal or discharge by a subordinate court; and(ii)no such order shall be made if the judge or magistrate considers that the private prosecutor had reasonable grounds for making his complaint.