The accused was charged with assault occasioning actual bodily harm contrary to s. 248 of the Penal Code, before a subordinate court of the third class. A plea of not guilty was recorded on the 11th June, 1974. On the 29th June, 1974, the court purported to effect a reconciliation between the parties under s. 8 of the Criminal Procedure Code, Cap. 160, by 15 ordering that the accused pay K30 compensation to the complainant. Further, the accused was bound over for a period of 12 months to be of good behaviour. The accused paid the sum of K15 on that day and he was required to pay the balance by the 31st August, 1974; in default, warrant of distress to issue. The order to pay compensation was against the wishes of the accused. The case came up to the High Court by way of review.
Held:
(i) Where reconciliation is effected under s. 8 of the Criminal Procedure Code in terms of payment of compensation or other terms approved by the court, then the court concerned should order that the proceedings be stayed.
(ii) In such a case, there is no valid basis in law for an order that the accused be bound over and that a warrant of distress should issue in default of payment of compensation.
