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Mwangi s/o Wachira v. Republic

(1985) JELR 98725 (CA)

Court of Appeal  •  Criminal Appeal 157 of 1984  •  24 Sep 1985  •  Kenya

Coram
James Onyiego Nyarangi, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

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…

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