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R. v. Fitina s/o Nchumba, Crim. Case 23-M-68, 14/10/68, Seaton J.
Accused was convicted of stealing from the person c/o 269 (1), Penal Code. The trial court found him to be over 16 years of age and sentenced him to 8 strokes.
Inspection Note; “It is appreciated that the learned magistrate’s motive was to spare the accused the more severe and degrading punishment of imprisonment. Nevertheless, insofar as corporal punishment is concerned, a person of the age of 16 years or over is an adult, upon whom the award of corporal punishment is prohibited save for one of the offences mentioned in the schedule to the Corporal Punishment Ordinance, Cap. 17”.
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