Jando v.R., Crim App. 32-D-67; 18/2/67; Biron, Ag. J

Jando v.R., Crim App. 32-D-67; 18/2/67; Biron, Ag. J

Accused was convicted in Magistrate Court on his own pleas to several charges of forgery (P.C.ss.333,337) and theft by public servant (P. C. ss. 265, 271) and given various concurrent and consecutive sentences to talling 10 years’ imprisonment. The Penal Code, section 7, as amended by the Magistrate Courts Act of 1963, Schedule 6, Part 111, limits sentences imposed by subordinate courts to 3years, for offenses not included in the schedules of the Minimum Sentences Act of 1963. Accused’s offenses were not scheduled offenses. The Criminal Procedure Code, section 12, limits subordinate courts to consecutive sentences of no more that twice the amount ordinarily authorized, and states that higher sentences may be imposed only by higher courts to which the subordinate courts may refer appropriate cases.

            Held: (1) Since the subordinate court did not refer the case to a higher court, no more than 6 years’ imprisonment could be imposed by it. (2) Though the 10-years sentence might be fully deserved, the appellate jurisdiction of the High Court in sentencing matters was limited by the sentencing power of the subordinate court, so that it too, could impose a sentence of no longer than 6 years. Citing Badan Njoroge s/o Gaithuma v.R., 17E. A. C. A. 136.