R. v. Kinumen s/o Memuri, (PC) Crim. Rev. 1-A-67, 24/6/67. Platt J.

R. v. Kinumen s/o Memuri, (PC) Crim. Rev. 1-A-67, 24/6/67. Platt J.

Accused was convicted in Primary Court of stealing one sheep and sentenced to a fine of Shs. 250/- or two months’ imprisonment in default. On revision before the District Court, it was correctly determined that the offence was of cattle theft, which carries a minimum sentence of three years. [Part 11 of Schedule, Minimum Sentence Act.] However, before the prison authorities were notified of the new sentence, accused had completed his two month sentence and had been released.

            Held: Accused, If apprehended, must serve the balance of the enhanced sentence, “unless other authorities concerned wish to take a special course.”