KINGSLEY CHUKWU V. REPUBLIC

RULING OF THE COURT

Kingsley Chukwu, the applicant, is a Nigerian national. He is in prison serving sentence meted out to him in Criminal Case No. Nbi Cr. No. 257 of 2007 which was later varied by the Superior Court as stated hereinafter.

The applicant applied to this Court by notice of motion dated 8^th February 2012 for leave to appeal to the Supreme Court against the judgment of this court delivered on 16^th April 2010 in Criminal Appeal No.257 of 2007 in which the applicant’s appeal No.399 of 2004 to the High Court against conviction was dismissed and the sentence set aside and replaced with a fine of Shs.28,800,000/= and, in addition, life imprisonment.

The brief facts heralding the dismissal of the applicant’s appeal by this Court on 16^th April 2010 are that on 29^th October 2003, the applicant was arraigned in the Chief Magistrate’s Court in Nairobi Criminal Case No.2667 of 2003 in which he was charged with the offence of trafficking in narcotic drugs contrary to section 4(a) of the …