Samson s/o Karuwana v. R., (PC) Crim. App. 514-M-67, 7/8/67, Cross J.

Samson s/o Karuwana v. R., (PC) Crim. App. 514-M-67, 7/8/67, Cross J.

Accused was convicted of stealing iron sheets which were the property of the South Mara District Council, He was sentenced to two years’ imprisonment and 24 strokes under the Minimum Sentences Act.

            Held: (1) The Minimum Sentences Act applies to convictions of theft under section 265 of the Penal Code if the offender knew or ought to have known that the thing stolen was government property. However, there was no evidence that accused knew or ought to have known that the iron sheets belonged to the District Council and the Minimum Sentences Act was, therefore, inapplicable. (2) As accused had already served his term of imprisonment, no order varying sentence was made.