Crown v Karigu (Confirmation. Case No. 316/1928.) [1928] EACA 15 (1 January 1928)

## CRIMINAL CONFIRMATION.

## Before SIR JACOB BARTH, C. J.

## **CROWN**

$\boldsymbol{v}$ .

## CHEGGE wa KARIGU. Confirmation Case No. 316/1928.

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

Held: -That the Court has no power to pass such a sentence.

ORDER.—The accused has been convicted of an offence under section 403 I. P. C. in respect of seven sheep, the value of which is Sh. 98. He has been sentenced to eighteen months R. I. but the sentence has been altered under the Reformatory Schools Ordinance to one of three years detention in the reformatory. He has 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 months detention in lieu of the payment of fine.

As at present advised there is in my opinion no power to award detention in a reformatory in lieu of payment of a fine. The sentence is altered to one of eighteen months' imprisonment. Instead of undergoing that sentence the accused to be detained in the reformatory for a period of three years. The fine of Sh. 980 is affirmed. The further orders for detention are quashed.