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Kingsley Chukwu v. Republic

(2010) JELR 99811 (CA)

Court of Appeal  •  Criminal Appeal 257 of 2007  •  16 Apr 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is a second and final appeal, and by dint of section 361 of the Criminal Procedure Code we can only deal with points of law.

The appellant, Kingsley Chukwu, was charged before the Chief Magistrate’s Court (Muchelule, C.M., as he then was) with trafficking in narcotic drugs contrary to section 4 (a) of Narcotic Drugs and Psychotropic Substances (Control) Act, 1994 (“the Act”), the particulars of which were as follows:

“On the 24th day of October, 2003 at Jomo Kenyatta International Airport in Nairobi within Nairobi Area trafficked in 9.605 Kgs. of Narcotic drugs namely DIAACETYMORPHINE commonly known as Heroin valued at Kshs.9,605,000/= in contravention of the provisions of the said Act.”

He pleaded not guilty. After a full trial, in which the prosecution presented six witnesses, the trial court found the appellant guilty of the offence, convicted him and sentenced him to imprisonment for 15 years. In doing so, the learned Magistrate (as he then was) stated in p…

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