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Mohammed Shafiq v. Republic

(1998) JELR 98984 (CA)

Court of Appeal  •  Criminal Appeal 93 of 1997  •  3 Mar 1998  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

The appellant, a Pakistan national, was convicted on his own plea of guilty to a charge of being in possession of a narcotic substance to wit heroine, by the Chief Magistrate, Nairobi, and was thereafter sentenced to 10 years imprisonment. His first appeal to the superior court was summarily rejected under Section 353(2) of the Criminal Procedure Code. He comes to us on second appeal.

The issue that is raised by the appeal is whether the appellant's appeal to the superior court was properly summarily rejected. The appellant was treated as a first offender by the trial court. In his statement in mitigation he stated that he was a married man with three children; he was their sole bread winner; that he was in transit to Uganda from Pakistan and had been given a briefcase to pass on to one Mangur in Kenya, but that he was arrested before he could do so; that he did not know the contents inside the brief case and that he was remorseful.

In his notes on sentence the tria…

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