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Charles Mutinda Kavemba v. Republic

(1992) JELR 103272 (CA)

Court of Appeal  •  Criminal Appeal 44 of 1992  •  16 Dec 1992  •  Kenya

Coram
Johnson Evan Gicheru, Joseph Raymond Otieno Masime, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Masime, Gicheru and Muli JJ A)

CRIMINAL APPEAL NO 44 OF 1992

Between

CHARLES MUTINDA KAVEMBA......................APPELLANT

AND

REPUBLIC........................................................RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Nairobi (Justice DC Porter) dated the 27th day of June, 1991

in

High Court Criminal Appeal No 863 of 1990)

**************************

JUDGMENT

This is the second appeal from the conviction and sentence of the appellant by the Resident Magistrate sitting in Nairobi. The appellant, Charles Mutinda Kavemba, had been charged with the offence of being in possession of diacetylmorphine commonly known as “heroin” contrary to rule 9 of the Dangerous Drugs Rules as read with section 14 (1) (c) of the Dangerous Drugs Act, cap 245 Laws of Kenya and punishable under section 18(2) of the Act.

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