Abdi s/o Omari . R., Crim. App. 271-D-68, 11/6/68, Hamlyn J.

 Abdi s/o Omari . R., Crim. App. 271-D-68, 11/6/68, Hamlyn J.

Accused were convicted on six counts of stealing by servant, the total amount involved in the six offences being Shs. 170/-. The sums involved in each count, however, were each less than Shs. 100/-. Both accused were first offenders. Sentences under the Minimum Sentences Act were imposed.

            Held: The court is not entitled to aggregate the value of the property stolen in each of several thefts charged in separate counts, so as to arrive at a total sum of over Shs. 100/- and there by deprive the accused of consideration for leniency under section 5(2) of the Act. [Citing R. v. Aloys Kapande (1964) E.A. 287]. Here, since each count involved less than Shs. 100/-, and since accused were first offenders, the record must be returned to the trial court for an inquiry into the special circumstances, if any, which might justify imposition of less than 2 years’ imprisonment and 24 strokes.