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Moses Banda Daniel v. Republic

(2016) JELR 98942 (CA)

Court of Appeal  •  Criminal Appeal 62 of 2015  •  11 Mar 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant has been relentless in challenging the decision of the Malindi Chief Magistrate in which he was sentenced to life imprisonment in addition to a fine of Kshs.1,000,000/= for the offence of trafficking in narcotic drugs contrary section 4 of the Narcotic Drugs and Psychotropic Substance (Control) Act, (the Act). After his first appeal to the High Court was dismissed he has now brought this appeal arguing that the two courts below erred in failing to see that the procedure provided for under section 74 of the Act was not followed, and called in aid of that position the case of Tumaini Hamadi v. R Criminal Appeal No.45 of 2010 and Hamida Hamisi and another v. R Criminal Appeal No.42 and 43 of 2009.

The existence of these decisions copies of which the appellant did not furnish the court is doubtful as our efforts to obtain the actual copies of the judgments have been futile. They are also not reported in the law reports or on the National Council for Law R…

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