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(1985) JELR 98725 (CA)

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

James Onyiego Nyarangi JA Alister Arthur Kneller JA Chunilal Bhagwandas Madan JA



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 arraigned with conveying suspected stolen property, contrary to section 333 of the Penal Code. The alleged particulars were that :

“On the 22nd day of July, 1982 at Kamwana Village in Nyandarua District of the Central Province, having been detained by A P Sergeant Githaiga, P C Nakuru and I …

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