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Some Recent Changes in The Judicial Systems of East Africa
Published online by Cambridge University Press: 28 July 2009
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- Copyright © School of Oriental and African Studies 1967
References
page 46 note 2 No. 22 of 1963.
page 46 note 3 Cap. 58.
page 46 note 4 No indication is given in the Decree as to what constitute the necessary qualifications.
page 46 note 5 Gap. 14 as amended by Presidential Decree No. 2 of 1966. Subordinate Courts, presided over by a Resident Magistrate or a District Magistrate, may pass sentence of imprisonment for a term not exceeding three years, of a fine not exceeding sh. 3,000/- or of corporal punishment not exceeding 24 strokes.
page 47 note 1 Section 13 (6) states that the Primary Courts “have jurisdiction to try and determine cases in criminal matters in which the sentence that may be imposed is one that does not exceed 12 months’ imprisonment…” This section as worded would not appear to limit the sentence that the court may impose but to restrict jurisdiction to offences where the maximum punishment does not exceed 12 months’ imprisonment, etc. It is, however, submitted that the only rational interpretation of s. 6, when read in conjunction with s. 7 (which states that the criminal jurisdiction of these courts is limited to the offences set out in the Schedule, many of which carry maximum punishments in excess of 12 months’ imprisonment, etc.) is that it limits the maximum punishment that the court can impose and not the type of case it can try.
page 48 note 1 Cap. 36.
page 48 note 2 S.I. 1966 No. 101.
page 48 note 3 See H. F. Morris, “Jurisdiction of the Buganda courts and the scope of customary law in Uganda”, [1965] J.A.L. 154.
page 48 note 4 Cap. 37.
page 48 note 5 Cap. 38. Applied to Karamoja in place of the Native Courts Act (cap. 40) in August 1965 (S.I. 1965, No. 165).
page 48 note 6 Act 20, 1966.
page 49 note 1 Section 10 (2).
page 49 note 2 Cap. 112.