Omar Saidi v. R. Crim. App. 205-D-67; 12/5/67; Duff, J.

Omar Saidi v. R. Crim. App. 205-D-67; 12/5/67; Duff, J.

Accused was convicted of stealing by servant (P. C. s. 271) upon evidence that he had taken Shs. 120/- belonging to Umoja wa Wanawake. The trial court found that the Minimum Sentences Act applied to the offence.

            Held: (1) The Minimum Sentences Act was applicable only if the U.W.T is a society, body, party or charity included in these mentioned in items 2 or 3 of Part 1 of the Schedule to that Act. (2) Although U.W.T. is affiliated with T.A.N.U.

It is not a political party within the meaning of that term in items 2 or 3 of Part 1 of the Schedule. (3) It is possible that the money stolen was from funds used for charitable purposes such as those described in Part 1 of the Schedule to the Act, but no such evidence was introduced. There for, the Minimum Sentences Act was inapplicable to this case.