MOHAMED FAMAU BAKARI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was aggrieved by the conviction and life sentence in addition to a fine of Kshs.1,000,000 imposed by the trial court in the Malindi Chief Magistrate Criminal Case No. 1048 of 2009, in which he was found guilty of trafficking in narcotic drugs contrary to section 4(a) of the Narcotics Drugs and Psychotropic Substances (Control)Act. His first appeal to the High Court was dismissed after that court (Meoli, J.) found no substance in the grounds proffered. He now comes to this Court with a second appeal arguing that the High Court erred in upholding the Kshs.1,000,000 fine without evidence of the market value of the drugs determined by a proper officer; failing to see the defect in the charge sheet which did not specify the manner of trafficking; failing to appreciate the application of Section 179(2) of the Criminal Procedure Code which permits the court, where the facts disclose a minor offence than that charged, to conviction the minor offence; failing…