Wakilii

Rex v Saburu (Conf. Case No. .848 of 1934.)

East African Court of Appeal · [1934] EACA 3 · 1934 Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal confirmation of sentence imposed by Second Class Magistrate at Kericho
Decision
Custodial sentence confirmed but imprisonment in default of costs payment reduced from two months to fourteen days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a convicted person is ordered to pay costs of prosecution, an order of imprisonment can only be made in default of payment or distress. Although section 169 of the Criminal Procedure Code permits up to three months imprisonment in default, absent special circumstances the period should not exceed that prescribed by section 28(4) of the Penal Code for non-payment of fines.

Outcome

Custodial sentence confirmed but imprisonment in default of costs payment reduced from two months to fourteen days

Facts

The accused and another person were charged before the Second Class Magistrate at Kericho with theft of eight goats under section 255 of the Penal Code. The co-accused was acquitted. The present accused was convicted on his plea and sentenced to six months hard labour and ordered to pay Sh. 20 costs of prosecution with two months imprisonment in default under section 169 of the Criminal Procedure Code. The matter came before the Supreme Court for argument on the legality of the sentence.

Issues

  1. Whether an order of imprisonment in default of payment of costs of prosecution must include the alternative of distress.
  2. What is the appropriate period of imprisonment in default of payment of costs of prosecution under section 169 of the Criminal Procedure Code.

Orders

  • Sentence of six months hard labour confirmed.
  • Order to pay Sh. 20 costs of prosecution and in default two months hard labour set aside.
  • Substituted order: to pay Sh. 20 costs of prosecution and in default of payment or of distress fourteen days hard labour.

Rules and key headnotes

Costs of Prosecution — Imprisonment in Default — Requirement of Distress Alternative
Where a convicted person is ordered to pay costs of prosecution, an order of imprisonment in default can only be made in default of payment or distress, not in default of payment alone.
Costs of Prosecution — Period of Imprisonment in Default
Although section 169 of the Criminal Procedure Code permits imprisonment for up to three months in default of payment of costs of prosecution, in the absence of special circumstances the period should not exceed that laid down by section 28(4) of the Penal Code for non-payment of fines.

Legislation cited (3)

  • Criminal Procedure Code s.169
  • Penal Code s.255
  • Penal Code s.28(4)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Rex v Saburu (Conf. Case No. .848 of 1934.) [1934] EACA 3 (1 January 1934)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.