THE MINIMUM SENTENCES ACT

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CHAPTER 90
THE MINIMUM SENTENCES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Application.
3. Interpretation.
4. Minimum sentences where persons convicted of scheduled offence.
5. Circumstances in which court shall award longer terms of imprisonment.
6. Circumstances in which court may not apply this Act.
7. Compensation.
8. Remand pending conviction.
9. Provisions relating to evidence.
10. Court may impose imprisonment for longer term.
11. Repeal.
12. Omitted.
SCHEDULES

. Remand pending conviction.
9. Provisions relating to evidence.
10. Court may impose imprisonment for longer term.
11. Repeal.
12. Omitted.
SCHEDULES

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1. This Act may be cited as the Minimum Sentences Act. 2. The provisions of this Act shall not apply to a juvenile. 3. In this Act, unless the context requires otherwise-
“cattle” means any of the animals specified in section 268 of
the Penal Code;
“juvenile” means any person under the apparent age of eighteen
years;
“scheduled offence” means an offence specified in any of the
Schedules to this Act;
“specified authority” means-
(a) the Government;
(b) a local government authority;
(c) a trade union registered under Employment and Labour
Relations Act;
(d) any body corporate established by or under any written
law other than the Companies Act;
(e) any subsidiary company;
“subsidiary company” means a company registered under the
Companies Act not less than fifty per centum of the issued
Short title
Application
Interpretation
Cap. 16
Cap. 366
Cap. 212
CHAPTER 90
THE MINIMUM SENTENCES ACT
An Act to provide for the imposition of minimum sentences in respect of
specified offences and for related matters. [1st March, 1972]
[s. 1]
Acts Nos.

An Act to provide for the imposition of minimum sentences in respect of
specified offences and for related matters. [1st March, 1972]
[s. 1]
Acts Nos.

1 of 1972
23 of 1973
10 of 1989
6 of 1994
9 of 1996
4 of 1998
12 of 1998
9 of 2002

1 of 1972
23 of 1973
10 of 1989
6 of 1994
9 of 1996
4 of 1998
12 of 1998
9 of 2002

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THE MINIMUM SENTENCES ACT [CAP. 90 R.E. 2023]
share capital of which is owned by a specified authority
or two or more specified authorities and includes a
company limited by guarantee where the amount which
the specified authority is a member will become liable to
contribute in the event of the company being wound-up
is not less than fifty per centum of the aggregate amount
which all the members have undertaken to contribute;
and references in this definition to a specified authority
include references to any subsidiary company. 4.

the members have undertaken to contribute;
and references in this definition to a specified authority
include references to any subsidiary company. 4.

Where any person is, after the date on which this Act comes
into operation, convicted by a court of a scheduled offence,
whether such offence was committed before or after such date,
the court shall sentence such person to a term of imprisonment
which shall not be less than-
(a) where the offence is an offence specified in the First
Schedule to this Act, one year;
(b) where the offence is an offence specified in the Second
Schedule to this Act, six months; and
(c) where the offence is an offence specified in the Third
Schedule to this Act, thirty years. 5.

in the Second
Schedule to this Act, six months; and
(c) where the offence is an offence specified in the Third
Schedule to this Act, thirty years. 5.

Notwithstanding the provisions of section 4-
(a) any person who is convicted of robbery shall be sentenced
to imprisonment for a term of not less than fifteen
years;
(b) where the offender is armed with any dangerous or
offensive weapon or instrument or is in company with
one or more persons, or if at or immediately before
or immediately after the time of robbery, he wounds,
beats, strikes or uses any other personal violence to
any person, he shall be sentenced to imprisonment to a
term of not less than thirty years;
(c) where any person is convicted of stealing cattle, the
court shall sentence him to imprisonment for a term of
not less than five years;
Minimum
sentences where
persons convicted
of scheduled
offence
Acts Nos. 12 of 1998 Sch. 9 of 2002 Sch. Circumstances
in which court
shall award
longer terms of
imprisonment
Acts Nos. 10 of 1989 Sch. 6 of 1994 Sch. 4 of 1998 s. 29
9 of 2002 Sch.

002 Sch. Circumstances
in which court
shall award
longer terms of
imprisonment
Acts Nos. 10 of 1989 Sch. 6 of 1994 Sch. 4 of 1998 s. 29
9 of 2002 Sch.

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728
(d) where any person is convicted of an offence specified in
the Second or Third Schedule to this Act and the court
is satisfied that such person was, at any time within
seven years immediately preceding the date when he
committed such offence, convicted of a like offence or
of any scheduled offence or of any offence provided for
in Chapter XXVII to Chapter XXXIII, inclusive, of the
Penal Code, the court shall sentence such person to
imprisonment for a term of not less than-
(i) in the case where the person is convicted of an
offence specified in the Second Schedule to this
Act, two years; and
(ii) in the case where such person is convicted of an
offence specified in the Third Schedule to this Act,
one year; and
(e) where any person is convicted of any sexual offence
specified under Chapter XV of the Penal Code, as
amended by the Sexual Offences Special Provisions Act,
the court shall sentence such person to imprisonment
for a term prescribed under that Chapter.

amended by the Sexual Offences Special Provisions Act,
the court shall sentence such person to imprisonment
for a term prescribed under that Chapter.

6.–(1) Notwithstanding the provisions of section 4 or section
5, where a person is convicted of a scheduled offence and the
court is satisfied that-
(a) the person so convicted is a first offender;
(b) the value of the property obtained by such person in the
course of the commission of such offence or which he
attempted to so obtain does not exceed or, in the case
of an attempt, would not have exceeded, one hundred
shillings; and
(c) having regard to all the circumstances of the case, it is
just and equitable so to do,
the court may, in lieu of sentencing such person to the minimum
sentence of imprisonment provided for in section 4, proceed to
deal with such person as if this Act had not been enacted. Cap. 16
Act No. 4 of 1998
Circumstances in
which court may
not apply this Act
Act No. 23 of 1973 Sch.

such person as if this Act had not been enacted. Cap. 16
Act No. 4 of 1998
Circumstances in
which court may
not apply this Act
Act No. 23 of 1973 Sch.

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THE MINIMUM SENTENCES ACT [CAP. 90 R.E. 2023]
(2) For purposes of this section “first offender” means a
person who has not, at any time within seven years immediately
preceding his conviction, been convicted of a scheduled offence or
any offence provided for in Chapter XXVII to Chapter XXXIII,
inclusive, of the Penal Code. (3) This section shall not apply where a person is convicted
of an offence under section 15 or section 23 of the Prevention
and Combating of Corruption Act, or of stealing cattle or of
robbery.

rson is convicted
of an offence under section 15 or section 23 of the Prevention
and Combating of Corruption Act, or of stealing cattle or of
robbery.

7.–(1) Notwithstanding the provisions of section 368 of the
Criminal Procedure Act, where a court convicts any person of
a scheduled offence other than an offence under the Prevention
and Combating of Corruption Act, the court shall, if it is of
the opinion that such person has obtained any property as a
result of the commission of the offence and that the owner of
the property can be identified, make an order that the person
convicted shall pay to the owner of the property compensation
equal to the value of the property as assessed by the court. (2) An order under this section may be made at any time
after the sentence has been passed, and where it has not been
made immediately after the sentence has been passed, the
court which passed the sentence or any court having revisional
jurisdiction over it, may make such order at any subsequent
time on the application of the owner of the property or on its
own motion:
Provided that, such order shall not be made save in the
presence of the person against whom it is made.

he owner of the property or on its
own motion:
Provided that, such order shall not be made save in the
presence of the person against whom it is made.

(3) Where an order is made under this section, the person in
whose favour such order is made may file an authenticated copy
thereof in the district court having jurisdiction over the area
over which the court which made the order has jurisdiction,
and upon being so filed the order shall be deemed to be a
decree passed by such district court and may be executed in
the same manner as if it were a decree passed by such court
under the provisions of the Civil Procedure Code, and the
Cap. 16
Cap. 329
Compensation
Cap. 20
Cap. 329
Cap. 33

it were a decree passed by such court
under the provisions of the Civil Procedure Code, and the
Cap. 16
Cap. 329
Compensation
Cap. 20
Cap. 329
Cap. 33

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730
district court or any other district court to which the decree
may be transferred for execution, shall have jurisdiction to
execute such decree notwithstanding that the amount of the
compensation awarded exceeds the pecuniary jurisdiction of
the district court. 8. Notwithstanding the provisions of section 178 of the Criminal
Procedure Act, where any person is convicted of a scheduled
offence and any part of the sentence imposed requires to be
confirmed by the High Court, such person shall have no right
to elect to remain on remand pending such confirmation. 9.

entence imposed requires to be
confirmed by the High Court, such person shall have no right
to elect to remain on remand pending such confirmation. 9.

In any proceedings in which a person is charged with a
scheduled offence, any document purporting to be a certificate
under the hand of the Registrar of Companies or an Assistant
Registrar of Companies to the effect that the company specified
in such certificate is a subsidiary company within the meaning
assigned to the expression by section 3, shall be admissible in
evidence and shall be prima facie evidence that such company is
a subsidiary company and that the signature to such certificate
is genuine and that the person signing it held the office which
he professed to hold at the time when he signed it.

the signature to such certificate
is genuine and that the person signing it held the office which
he professed to hold at the time when he signed it.

10.–(1) Nothing in this Act shall be construed as precluding
a court from imposing, in relation to a scheduled offence, a
sentence of imprisonment for a term longer than the minimum
term of imprisonment, prescribed for such offence by this Act:
Provided that, the court’s power to impose such longer term
of imprisonment shall be subject to-
(a) the maximum term of imprisonment prescribed for the
offence by the written law providing for the offence; and
(b) the limitation, if any, upon the court’s powers to award
punishments imposed by the Criminal Procedure Act
or any other written law. (2) Where the provision of the written law which provides
for any of the offences specified in any of the Schedules to
this Act is amended or repealed and re-enacted, whether
Remand pending
conviction
Cap. 20
Provisions
relating to
evidence
Act No. 9 of 1996 Sch. Court may
impose
imprisonment for
longer term
Cap. 20

whether
Remand pending
conviction
Cap. 20
Provisions
relating to
evidence
Act No. 9 of 1996 Sch. Court may
impose
imprisonment for
longer term
Cap. 20

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THE MINIMUM SENTENCES ACT [CAP. 90 R.E. 2023]
with or without modification or whether by the re-enactment
of the written law in which such provision occurs or by
incorporation of the re-enacted provision in any other written
law, the provisions of this Act shall, unless the amending or
the repealing and re-enacting legislation, as the case may be,
expressly provides to the contrary, apply to the corresponding
offence or offences created by such amending or repealing and
re-enacting legislation, and the provisions of the Schedules to
this Act shall be construed as if references therein to the offence
provided for by the written law so amended or repealed and
re-enacted, were references to such corresponding offence or
offences so created. (3) The provisions of subsection (2) shall be construed as
being in addition to and not in derogation of the provisions of
section 31 of the Interpretation of Laws Act. 11. [Repeals the Minimum Sentences Act]. 12. [Omitted]. FIRST SCHEDULE1
(Made under section 4)
1.

ons of
section 31 of the Interpretation of Laws Act. 11. [Repeals the Minimum Sentences Act]. 12. [Omitted]. FIRST SCHEDULE1
(Made under section 4)
1.

Trespassing with intent to steal contrary to section 4 of the Stock
Theft (Prevention) Act. 2. Any offence relating to brands contrary to section 7 of the Stock Theft
(Prevention) Act. SECOND SCHEDULE
(Made under section 4)
1. Being found near stock in suspicious circumstances contrary to
section 5 of the Stock Theft (Prevention) Act. 1 First Schedule was deleted, and Second to Fourth Schedules were renumbered
as First, Second and Third Schedules by Act No. 9 of 2002 Sch. Cap. 1
Repeal
Act No. 29 of 1963
Omitted
Cap. 265
Cap. 265

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732
2. Passing through, over or under, tampering with, fences around a
stock enclosure or cattle boma contrary to section 6 of the Stock Theft
(Prevention) Act.
THIRD SCHEDULE
(Made under section 4)
Being in possession of stock suspected of having been stolen
contrary to section 3 of the Stock Theft (Prevention) Act.
Cap. 265
Cap. 265