ERICK OTIENO OOLA V. REPUBLIC

JUDGMENT OF THE COURT

On the 21^st June, 2007, Erick Otieno Oola, the appellant herein, appeared before the Senior Resident Magistrate at Nyando charged with three offences as follows:- “COUNT 1: CREATING A DISTURBANCE IN A MANNER LIKELY TO CAUSE A BREACH OF THE PEACE CONTRARY TO SECTION 95 (1) (B) OF THE PENAL CODE:On the 13^th day of June, 2007 at North East Kano Location in Nyando District within Nyanza Province, created a disturbance in manner likely to cause a breach of the peace by threatening to cut BENTA AKINYI OOLA.COUNT 2: BEING IN POSSESSION OF CANNABIS SATIVA (BHANG) CONTRARY TO SECTION 3 (2) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONTROL ACT NO. 4 OF 1994:On the 14^th day of June 2007 at North East Kano Location in Nyando District within Nyanza Province was found being in possession of one roll of bhang, valued at Kshs.10/-.COUNT 3: BEING IN POSSESSION OF IMITATION FIREARM CONTRARY TO SECTION 34 (2) OF THE FIREARMS ACT, CAP 114 LAWS OF KENYA:On the 14^th day of June…