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David Munyao Mulela & Soul Kimenyi v. Republic

(2013) JELR 97908 (CA)

Court of Appeal  •  Criminal Appeal 292 of 2012  •  20 Dec 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



The appellants David Munyao Mulela (the first appellant) and Soul Kimenyi (the second appellant) were charged before the Chief Magistrate Court at Kisii in Criminal Case No. 1795 of 2010 of trafficking in narcotic Drugs contrary to Section 4 as read with Section 4 (a) with Narcotic drugs and Psychotropic Substances Control Act No. 4 of 1994 particulars being that on the 6th day December, 2010 at Suneka area along Kisii – Migori road in Kisii County jointly were found trafficking in narcotic drugs namely one sack of cannabis weighing 32 kilograms valued at Kshs. 16,000/= using a motor vehicle registration number KBJ 997E and trailer Number ZD 0071 make Scania. They were tried before the learned Senior Resident Magistrate (K. T. Kimutai) who in a judgement delivered on 22nd December, 2010 convicted the appellants and imposed a fine of Kshs. 1,000,000/= on each of the appellants, in default to serve 12 months imprisonment and in addition each appellant was sentenced…

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