<p class="ql-align-center">JUDGMENT OF THE COURT</p><p><em>CISSE DJIBRILA</em>, the appellant, was convicted by the Senior Principal Magistrate, Kibera, of trafficking in narcotic drugs contrary to <em>section 4(a)</em> of the Narcotic Drugs and Psychotropic Substances (Control) Act (No. 4 of 1994), the Act, and sentenced to life imprisonment and; in addition thereto, a fine of Shs.1,000,000/= was imposed on him.</p><p>The appellant was aggrieved by both the conviction and sentence, and consequently lodged an appeal in the High Court of Kenya at Nairobi. On 1^st July, 2003 <em>Mbaluto J</em> dismissed his appeal. He now comes before us by way of a second and final appeal.</p><p>The facts as accepted by both the trial court and the first appellate court were briefly as follows. The appellant is a citizen of Guinea. On 10^th September, 2001 at about 6 am he arrived at JKIA, Nairobi, from Dubai in flight No. KQ 311. While all the passengers had disembarked, police officers <em>Cpl. Maritim (PW1</em>) and <em>Cpl. Otieno (PW2)</em> noticed one suspicious looking passenger. They bec…</p>