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Section 336 of Criminal Procedure Code CAP 75: Suspension of execution of sentence of imprisonment in default of fine

    

(1) When a convicted person has been sentenced to a fine only and to imprisonment in default of payment of a fine, and whether or not a warrant of distress has been issued under section 334, the court may suspend the execution of the sentence of imprisonment and may release the convicted person upon his executing a bond, with or without sureties, as the court thinks fit, conditioned for his appearance before the court on a day not being more than thirty days from the time of executing the bond; and in the event of the fine not having been realized on or before that day the court may, subject to the other provisions of this section, direct the sentence of imprisonment to be carried into execution forthwith.
(2) In any case in which an order for the payment of money has been made, on non-recovery of which imprisonment may be awarded, and the money is not

paid forthwith, the court may require the person ordered to make payment to enter into a bond as prescribed in subsection (1), and in default of his so doing may at once pass sentence of imprisonment as if the money had not been recovered.
(3) The court may direct that money to which this section applies may be paid by instalments at such times and in such amounts as the court may deem fit; but so that in default of payment of any instalment the whole of the amount outstanding shall become and be immediately due and payable, and all the provisions of this Code and of the Penal Code (Cap. 63) applicable to a sentence of a fine and to imprisonment in default of payment thereof shall apply to it accordingly.
(4) A warrant of commitment to prison in respect of the non-payment of a sum of money by a person to whom time has been allowed for payment under subsection (1), or who has been allowed to pay by instalments under subsection (3), shall not be issued unless the court first makes inquiry as to his means in his presence.
(5) After making inquiry in accordance with the provisions of subsection (4) the court may, instead of issuing a warrant of commitment to prison, make an order extending the time allowed for payment or varying the amount of the instalments or the times at which the instalments were, by the previous order of the court, directed to be paid.
(6) For the purpose of enabling inquiry to be made under subsection (4), the court may issue a summons to the person ordered to pay the money to appear before it and, if he does not appear in obedience to the summons, may issue a warrant for his arrest, or, without issuing a summons, issue in the first instance a warrant for his arrest.

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