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AHMED SAID BAKAR V. REPUBLIC

(2021) JELR 114112 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO. 39 OF 2020  •  5 Nov 2021  •  Kenya

Coram
WANJIRU KARANJA, JA S. GATEMBU KAIRU, JA FATUMA SICHALE, JA

Judgement

JUDGMENT

  1. Ahmed Said Bakar (the appellant herein), has preferred this second appeal against the judgment of Njoki Mwangi J dated 13th March 2020, in which he was charged at the Mombasa Chief Magistrates’ Court alongside 4 other persons with the offence of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994.

  2. The particulars of the offence were that on the 9th of April 2015, at Kilifi Boat Yard in Mnarani area within Kilifi County jointly with others not before court, trafficked by conveying a narcotic drug namely heroin weighing 2028 grams with a market value of Kshs 6,084,000/= (six million eighty-four thousand shillings) in motor vehicle registration number KCA 698H make Toyota Raum concealed in the false top and bottom of a black suitcase in contravention of the provisions of the said Act.

  3. The appellant further faced a second count namely; trafficking in narcotic drugs contrary to Section 4 (a) of the Narc…

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