[1934] EACA 3

[1934] EACA 3

The Supreme Court held that the order of imprisonment in default of payment of prosecution costs must comply strictly with section 169 of the Criminal Procedure Code, which requires that imprisonment be ordered only 'in default of payment or distress.' The court further reasoned that, although section 169 allows up...

Source-derived case information.

Citation
[1934] EACA 3
Parties
Applicant: Rex; Defendant: Kipkoske arap Saburu
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1934
Case Number
Conf. Case No. .848 of 1934.
Procedural Posture
Criminal Confirmation / Confirmation of Sentence
Outcome
sentence varied and confirmed in part
Judges
Gamble. Ag. J. (Kenya), Sheridan CJ, Webb, J
Legal Topics
Sentencing Guidelines, Imprisonment in Default, Costs of Prosecution
Source Language
english
Criminal Law Civil Procedure Sentencing Guidelines Imprisonment in Default Costs of Prosecution

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Summary, issues, holding and outcome

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Parties

Rex

Applicant

Kipkoske arap Saburu

Defendant

Procedural Posture

Criminal Confirmation / Confirmation of Sentence

Legal Issues

  1. 1 Whether the order of imprisonment in default of payment of prosecution costs was lawful under section 169 of the Criminal Procedure Code.
  2. 2 Whether the period of imprisonment imposed in default of payment or distress should exceed that prescribed for non-payment of a fine under section 28(4) of the Penal Code.

Ratio Decidendi

The Supreme Court held that the order of imprisonment in default of payment of prosecution costs must comply strictly with section 169 of the Criminal Procedure Code, which requires that imprisonment be ordered only 'in default of payment or distress.' The court further reasoned that, although section 169 allows up to three months' imprisonment in default, in the absence of special circumstances, the period should not exceed that set for non-payment of a fine under section 28(4) of the Penal Code. Accordingly, the court set aside the original order of two months' imprisonment in default and substituted an order for fourteen days' hard labour, aligning with the statutory maximum for fines....

Court Disposition

sentence varied and confirmed in part

Orders

  • The sentence of six months' hard labour is confirmed.
  • The order to pay Sh. 20 costs of prosecution and in default (under section 169 C. P. C.) a further two months' hard labour is set aside.