Crown v Chegge wa Karigu (Confirmation Case No. 316 of 1928) [1928] EACA 12 (1 January 1928)

## CRIMINAL . CONFIRMATION.

## Before Sm JACOB BARTH, C. J.

## CROWN

*v.*

## CHEGGE wa KARIG U. Confirmation Case No. 316/1928.

The Reformatory Szhools Ordinance (Cap 39)-power. to award a sentence of detention in . a reformatory in lieu of the payment of a fine.

*H el,/* : -That the Court· has no power to pass such II sentence.

OaDER.-The accused has been convicted of nn offence under section 403 l. P. C. in respect of seven sheep, the ~alu~ of which is Sh. 98. He has been sentenced to eighteen months R. I. but t,he sent,ence has been altered under the Reformatory Schools Ordinance to one of three years detention in the reformatory. He bas further been sentenced under the Theft of Stock and Produce Ordinance to a fine of Sh. 980, and, apparently in lieu of the fine, to a period of four years detention in the Reformatory. But on the top of all this there is a further sentence of six mont,hs detention in lieu of the payment of fine ..

As at present advised there is **in my** opinion no power to award detent,ion in a reformatory in lieu of payment of a fine. The sentence is altered to one of eighteen months' imprisonment-. Insten~ of undergoing t,hat sentence the accused to be det,ained in the reformatory for a period of three **years.** The fine of Sh. 980 is affirmed. The further orders for detention **are** quashed.