Crown v Chegge wa Karigu (Confirmation Case No. 316 of 1928)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The court held that there is no power under the Reformatory Schools Ordinance to award detention in a reformatory in lieu of payment of a fine. The original sentence of eighteen months imprisonment was affirmed but substituted with three years detention in the reformatory. The fine of Sh. 980 was upheld, but the additional orders for detention in lieu of the fine were quashed.
Outcome
Accused sentenced to three years detention in reformatory in lieu of eighteen months imprisonment; fine of Sh. 980 upheld; additional detention orders quashed
Facts
The accused was convicted of an offence under section 403 of the Indian Penal Code in respect of seven sheep valued at Sh. 98. He was originally sentenced to eighteen months rigorous imprisonment, which was altered under the Reformatory Schools Ordinance to three years detention in the reformatory. He was further sentenced under the Theft of Stock and Produce Ordinance to a fine of Sh. 980, with an additional four years detention in the reformatory apparently imposed in lieu of the fine. A further sentence of six months detention in lieu of payment of fine was also imposed. The matter came before the Chief Justice on confirmation.
Issues
- Whether the court has power under the Reformatory Schools Ordinance to award a sentence of detention in a reformatory in lieu of payment of a fine.
Orders
- Sentence altered to eighteen months imprisonment.
- Instead of undergoing imprisonment, accused to be detained in the reformatory for three years.
- Fine of Sh. 980 affirmed.
- Further orders for detention quashed.
Rules and key headnotes
Legislation cited (3)
- Reformatory Schools Ordinance Cap. 39
- Indian Penal Code s.403
- Theft of Stock and Produce Ordinance
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.