Act No 29 of 1963
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2.- (1) Nothing in this Act shall apply to any juvenile.
(2) The provisions of this Act relating to the imposition of corporal punishment shall not apply --
(a) to any female.
(b) to any person over the age of forty-five years.
3. (Defines juvenile as a person under the age of 16 years)
4.- (1) Any person who, after the date of coming into operation of this Act, is convicted of a scheduled offence whether committed before or after such date of coming into operation, shall be sentenced to imprisonment for a term not less than the minimum term of imprisonment specified in relation to that offence in subsection (2) and not exceeding the maximum term of imprisonment to which he is liable on conviction for that offence.
(2) The minimum term of imprisonment in relation to the offences contained in Part I of the Schedule hereto shall be a term of two years, the minimum term of imprisonment in relation to the offences contained in Part II of that Schedule shall be a term of three years and the minimum term of imprisonment in relation to the offences contained in Part III of that Schedule shall be the term of imprisonment specified in that Part in relation to each such offence.
5. - (1) Subject to the provisions of this section, where any person is convicted of a scheduled offence and sentenced to imprisonment he shall, unless the court orders him to undergo a greater number of strokes, undergo twenty-four strokes of corporal punishment.
(2).In any case where a person is convicted of an offence contained in Part I of the Schedule hereto and --
(a) the person so convicted is a first offender; and
(b) either-
(i) in cases where property has been obtained by the offender, or he has attempted to obtain property, in committing the offence, the value of the property so obtained or, in the case of an attempt, which would have been so obtained if the offence had been completed, does not or would not, in the opinion of the court, exceed on hundred shillings; or
(ii)in cases falling under subsection (2) of section 3 of the Prevention of Corruption Ordinance, the value of the consideration given, provided or offered does not, in the opinion of the court, exceed one hundred shillings; and
(c) there are special circumstances in the case (which shall be recorded by the court),
the court may order that, in lieu of the imprisonment and corporal punishment otherwise imposed by this Act, such person shall undergo either ten strokes of corporal punishment or such term of imprisonment as may appear to the court to meet the requirements of the case:
Provided that where such person is over the age of forty-five years or is a female the court shall not order the imposition of corporal punishment but shall sentence such person to such term of imprisonment as may appear to the court to meet the requirements of the case.
(3) Subject to the provisions of Section 7, the corporal punishment provided for in subsection (1) shall be administered in two instalments, each of twelve strokes, the first such instalment to be administered as soon as practicable after the offender is admitted to prison to begin serving his sentence, and the second such instalment to be administered on the day immediately prior to the day on which the offender is released from prison upon completion of his sentence, or, in the event of this being impracticable, on such earlier day as may be convenient:
Provided that where under subsection (1) the court orders the imposition of more than twenty-four strokes, such additional strokes shall be administered on such occasions between the first and second instalments provided for in this subsection as the officer in charge of the prison may think fit:
And provided that where any offender is, for medical reasons, unable to undergo the instalments provided for in this subsection or any of them, he shall undergo such corporal punishment, administered on such occasions, as the officer in charge of the prison shall, taking into account the offender's physical condition and such medical advice as may have been received in relation to the offender, direct.
(4) For the avoidance of doubt, the expression 'special circumstances' in paragraph (c) of subsection (2) shall include circumstances relating to the commission of the offence and to the person who committed it.
(5) In this section 'first offender' means a person who has not previously been convicted of --
(a) a scheduled offence
(b) any offence contained in Chapters XXVI to XXXII (inclusive) of the Penal Code.
THE SCHEDULE
PART I
1. Stealing by a person in the public service contrary to sections 265 and 270 of the Penal Code (Cap.16)
2. Stealing by a servant contrary to sections 265 and 271 of the Penal Code where the offender is a person employed by a city council, municipal council, town council or district council or by a trade union registered under the Trade Unions Ordinance (Cap.381), a co-operative society registered under the Co-Operative Societies Ordinance (Cap.211), a political party, a missionary society or a charity.
3. Theft contrary to section 265 of the Penal Code where the offender knew or ought to have known that the thing stolen is the property of the Government, a city council, municipal council, town council or district council or by a trade union registered under the Trade Unions Ordinance (Cap.381), a co-operative society registered under the Co-Operative Societies Ordinance (Cap.211), a political party, a missionary society or a charity.
4. Robbery contrary to section 286 of the Penal Code.
5. Housebreaking or burglary contrary to section 294 of the Penal Code.
6. Breaking into a building and committing felony therein or breaking out of a building having committed a felony therein contrary to section 296 of the Penal Code.
6A. Receiving or retaining stolen property contrary to section 311 (1) of the Penal Code where the property was stolen in the course of the commission of one of the offences mentioned in Items 1 to 6 (inclusive) of this Part, or Item I of Part II of this Schedule.
7. Taking part in a corrupt transaction with an agent contrary to section 3 of the Prevention of Corruption Ordinance (Cap.400) or obtaining an advantage without consideration contrary to section 6 of that Ordinance.
8. Attempting to commit any of the above offences.
For the purpose of Items 2 and 3 of this part, 'charity' means any fund or organization for the relief of poverty, the advancement of education, the alleviation or prevention of sickness or the mitigation of the consequences of any disaster.
PART II
1. Stealing cattle contrary to sections 265 and 268 of the Penal Code.
2. Attempting to commit the above offence.
PART III
Offence .......... Minimum Sentence
1. Being in possession of stock suspected of having been stolen contrary to section 3 of the Stock Theft Ordinance (Cap 422). 3 years' imprisonment
2. Trespassing with intent to steal stock contrary to section 4 of the Stock Theft Ordinance. 1 year's imprisonment
3. Being found near stock in suspicious circumstances contrary to section 5 of the Stock Theft Ordinance. 6 months' imprisonment
4. Passing through, over or under, or tampering with fences around a stock enclosure or cattle boma contrary to section 6 of the Stock Theft Ordinance 6 months' imprisonment
5. Any offence relating to brands contrary to section 7 of the Stock Theft Ordinance. 1 year's imprisonment
