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(2010) JELR 98378 (CA)

Court of Appeal  •  Criminal Appeal 327 of 2008  •  29 Jan 2010  •  Kenya

Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno



This is a second appeal. That being the case, this Court, by dint of the provisions of section 361 of the Criminal Procedure Act is required to consider mainly legal issues raised by the appeal unless it is shown that the two courts below considered evidence that never existed or failed to consider evidence that was before them or on the proper construction of the evidence that was on record, came to a conclusion that was perverse. We will later, in this judgment revisit the provisions of that section as will be relevant. The appellant Eunice Kalama Jabu, was charged in the Senior Resident Magistrate’s court at Kilifi with the offence of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Pychotropic Substances (Control) Act No 4 of 1994. The particulars were: “On the 5th day of February 2007 at Timboni village Shariani area in Kilifi District within Coast Province, jointly with others not before court, trafficked in narcotic drugs, by…

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