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Charles Kariuki Njogu v. Republic

(2006) JELR 106829 (CA)

Court of Appeal  •  Criminal Appeal 270 of 2005  •  27 Feb 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The appellant Charles Kariuki Njogu was convicted on his own plea of guilty on one count of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2) of the Narcotics Drugs and Psychotropic Substances Control Act, and on the second count of cultivating the plant cannabis sativa contrary to section 10(c) of the “Dangerous Drugs Act”(?). He was sentenced to 2 years imprisonment on the first count and 8 years imprisonment on the second count by the learned Resident Magistrate at Nyahururu (Mr. G. J. Ombito).

The appellant’s appeal to the High Court was summarily dismissed by Visram J under section 352(2) of the Criminal Procedure Code.

The appellant is now before us by way of second appeal. The learned Assistant Deputy Public Prosecutor (Mr. Gumo) concedes this appeal on the ground that prosecution in the trial magistrate’s court was conducted by unqualified person one Sgt. Kiama. We agree with Mr. Gumo’s submission since prosecution by S…

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