Thomas @ Mkiria Ikwabe v. R., Crim. App. 497-M-68, 25/7/68, Seaton J.

Thomas @ Mkiria Ikwabe v. R., Crim. App. 497-M-68, 25/7/68, Seaton J.

Accused was convicted of being in unlawful possession of the local liquor called “moshi” and was sentenced to pay a fine of Shs. 500/- or six months’ imprisonment. Accused is a first offender who has to support his brother’s wife, who is ill, and who also has three children who are in school. He says that he is a poor man.

            Held: Fines imposed for liquor offences “should bear a reasonably relation to the accused ’s power to pay taking all his circumstances into account.” [Citing Mohamed Juma v. Rex, 1 T.L.R. 257]. The fine imposed is excessive for a first offender and should be reduced to a fine of Shs. 200/- or two months’ imprisonment.