265.
Stay of Execution of Death Sentence on a Pregnant or Suckling woman or on the
Aged.
Subject to the Provisions of section 65 of the penal code 2002.
(1) No death sentence shall be executed on any person who has reached the age of
seventy. Whenever the officer in charge of Prison discovers that a person sentenced
to death has reached the age of seventy, he shall stay the execution of the death
sentence and report the case to the President of the Court of Appeal;
(2) If a woman sentenced to death is found to be pregnant, the officer in charge of
Prisons shall order the execution of the sentence to be postponed and shall report the
case to the President of the Court of Appeal after full investigation as to how this
came to be the case;
(3) In the case referred to in subsections (1) and (2) the President of the Court of Appeal
shall re-submit the case together with the report of officer in charge of Prison and any
other investigation he may have ordered, to the Chairman for reconsideration of the
original confirmation order;
(4) If the death sentence is confirmed once more, the execution of the death sentence on
the pregnant (or suckling) woman shall be postponed until after two years from the
date of birth if the child remained alive.
266.
Execution of Sentence of Imprisonment.
(1)
When an accused person is sentenced to imprisonment the Court passing the
sentence shall forthwith issue a warrant committing him to prison and shall
forward the warrant and the convicted person to the prison in which he is to be
confined.
(2) Every such warrant shall be directed to the official in charge of the prison or other
place in which the prisoner is to be confined and shall be lodged with the official in
charge of such prison or place.
NOTE : Form of warrant see schedule 111, 35.
267.
Warrant for Levy of Fine.
(1)
When an offender is sentenced to pay a fine the Court passing the sentence may,
in its discretion although the sentence directs that in default of payment of the fine
the offender shall be imprisoned, issue a warrant for the levy of the amount :-
(a) by the seizure and sale of any movable property belonging to the offender, or
(b) by the attachment of any debts due to the offender, or
(c) with the consent of the SPLM County Secretary in which any land or other
immovable property of the offender is situated, by the attachment and sale of such
property.
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