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Nnamdi Egesimba & Leila Munyiva Muli v. Republic

(2020) JELR 94634 (CA)

Court of Appeal  •  Criminal Appeal 153 of 2019  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. During the virtual plenary hearing of this appeal conducted vide, “GO TO MEETING” Platform pursuant to the Court of Appeal Practice Directions to mitigate the effects of COVID -19 Pandemic, Nnamdi Egesimba and Leira Munyiva Muli ,the 1st and 2nd appellants respectively, were represented by Mr. Ondieki, learned counsel, who informed us that he was only pursuing the appeal against sentence. The respondent was represented by Mr. Abdi, Senior Deputy Director of Public Prosecutions (SDDPP), who opposed the appeal. Although the appellants abandoned the grounds of appeal on conviction, we will give some key background information, albeit in brief, to place the issue of sentence in perspective.

2. Both appellants were jointly charged with the offence of trafficking in narcotic drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act before the Senior Principal Magistrates’ Court at the Jomo Kenyatta International Airport (JKIA). The p…

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