Claim for costs in criminal matters
My neighbour made a false accusation against me to the Police that I threatened to shoot him with a pistol which I have never even owned. I was arrested and charged with the offence of threatening violence although I was released on Court bail. I have been attending Court almost once every month for the past one year. In case I get acquitted, can I claim costs that I have incurred to attend Court and pay fare for my witnesses to come to Court to testify on my behalf?
HK, Moshi
In rare cases criminal Courts do condemn the complainants to pay costs to the accused. Costs is awardable in criminal trials under section 347 of the Criminal Procedure Act [Cap.20 R.E 2019] only where the accused is acquitted and the Court acquitting him is of the opinion that the charge was frivolously or vexatiously instituted at the instance of the complainant. In criminal trials costs are normally awarded in a form of compensation to cover the expenses and trouble to which the accused may have been put by the complainant due to frivolous or vexatious charge.
In view of section 349 of the Criminal Procedure Act, an order for costs is enforced like a criminal penalty by way of distress. In default to pay the costs, the Court may issue a warrant of distress to attach the property belonging to the complainant condemned to pay costs. If the complainant has no money to pay the costs and has no property to attach, he shall be liable to imprisonment for a term not exceeding 6 months.