Koba s/o Joseph v. R., (PC) Crim. App. 181-D-67, 22/1/68, Hamlyn J.

Koba s/o Joseph v. R., (PC) Crim. App. 181-D-67, 22/1/68, Hamlyn J.

Accused was fined for having uttered words taken to be abusive of authority. During the course of the case accused was set free on the bond of his father in the amount of shs. 200/- He failed to reappear at the proper date for continuation whereupon his father forfeited the money and was imprisoned as well. Upon accused ’s return a few days later, he was detained in remand prison The abusive language charge was quashed on appeal to the District Court, and the only issue before the High Court concerned the forfeiture of the bond and imprisonment of the father.

            Held: (1) The Shs. 200/- cannot be recovered. They were forfeited because of the fault of accused in not appearing at the proper time. (2) In any event, accused is not the proper person to seek recovery of the bond. (3) It was most improper on the part of the lower court to have imprisoned the surety