JUDGMENT OF THE COURT
This is a second appeal by Benard Omondi Odullo (the appellant) against his conviction of being in possession of a narcotic drug, namely Heroin, contrary to section 3(1) of the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, Act No.4 of 1994.
He was charged along with two others with the offence of trafficking in 35 grammes of Heroin. In the alternative count he was charged, jointly with two others, of being in possession of 35 grammes of the said Heroin.
The appellant was, as pointed out, convicted of the offence laid down in the alternative count by the Senior Principal Magistrate J. Kaburu Esq., at Mombasa and sentenced to 10 years imprisonment. That was on 27th August, 1998. He appealed against the conviction to the High Court. The High Court (Waki, J) dismissed the appeal on 17th February, 2000.
By his first ground of appeal referred to in the amended memorandum of appeal as ground 1A the appellant says:
"The learned appellate judge erred in fact …