Kibodya v. R. Crim. Rev. 35-D-70; 15/7/70; Makame, J.

Kibodya v. R. Crim. Rev. 35-D-70; 15/7/70; Makame, J.

The accused was the Acting Director of the Institute of Education at the University College. He was convicted of stealing by person in public service c/ss 265 and 270 of the Penal Code and was sentenced to a substantive term of imprisonment for two years and the statutory minimum of twenty four strokes of corporal punishment. After serving for five and a half months and receiving the first instalment of 12 strokes, he wrote to say that it had been brought to his attention that this case did not fall under the Minimum Sentences act, 1963. the matter, therefore, came up to the High Court by way of revision.

            Held: (1) “…..I am satisfied that the accused was properly convicted and that his case comes under the Minimum Sentences act, 1963. The charges were under sections 265 and 270 of the Penal Code. The Written Laws sections 265 and 270 of the Penal Code. the Written Laws (Miscellaneous Amendments act of 1968, 1^st Schedule, adds to the definition of a person employed in the Public service ‘Any person employed by or in the service of the Community or any corporation within the community or any institute of the community’. The University College of Dar es Salaam Act, 1963 assented to on behalf of the east African Common Services Organisation, leaves me in no doubt that the University College of which the institute is a part was an institute of the Common Services Organisation and at the material time, of the Community. And further, higher education and research which are among the

Things the University College was created to provide are among the aims of the community. (2) “Moreover, even if one could argue, and in my view one cannot, that the University College and so the institute of which it is part, is not a Public Service as defined above, the accused will still not escape the provision of the Minimum Sentences Act because he will clearly come under the schedule to the Minimum Sentences act part 1 item 2 for the reason that he would be a servant employed by a ‘charity’. means ‘Any fund or organisation for the relief of poverty, the advancement of education, the alleviation or prevention of sickness or mitigation of the consequences of disaster’. There can be no argument but that the institute of education comes under ‘charity’” (3) “The Minimum Sentences act does not make exceptions for people with brilliant academic careers. In the circumstances, I am compelled to confirm the sentence imposed by the trial magistrate because although the accused is a first offender the sum he stole is well over Shs. 100/-.”