Kitwana s/o Bakari, Crim. App. 349-D-69, -/7/69, Saidi J.

Kitwana s/o Bakari, Crim. App. 349-D-69, -/7/69, Saidi J.

The accused was convicted of stealing brase dust, valued at Shs 20/-, property of the East African Railways and Harbours. This is a scheduled offence under the Minimum Sentences Act.

Held: “When admitting the appeal for hearing, I had remarked that section 5(2) of Minimum Sentences Act was applicable in favour of the appellant, as he was a first offender and the value of the property stolen was far below Shs. 100/-. I also remarked that that part of the sentence impose the appellant had already served would meet the justice of the case, so as to make it possible for him to be released immediately, considering the fact that he is a T.B. patient. At the hearing of the appeal, I observed the appellant and came to the conclusion that any further imprisonment will jeopardize his death as he looked weak. I dismiss the appeal against conviction and reduce the sentence of nine months imprisonment imposed on him to one that will result in his immediate release.”