IN THE COURT OF APPEAL
AT NAKURU
(Coram: Madan, Kneller and Nyarangi JJA)
CRIMINAL APPEAL NO. 157 OF 1984
BETWEEN
MWANGI S/O WACHIRA ..............................APPELLANT
AND
REPUBLIC....................................................RESPONDENT
(Appeal from the High Court at Nakuru, Masime J)
JUDGMENT
After hearing and considering the respective submission in this appeal, the court decided to allow the appeal on both counts it being desirable that the appellant should be released from custody without delay, the court made the order that the convictions be quashed, sentences be set aside and the appellant be set at liberty in respect of this case. We now give our reasons for the order.
The appellant Mwangi s/o Wachira was charged in count one as follows:
“On the 17th day of July, 1982 at Kamwana Village in Nyandarua district of the Central Province, he was found being in possession of 3 grams of Cannabis Sativa (Bhang) which was not under medical preparation”.
In count two, the appellant was arr…