PETERSON GICHOBI MUNENE V. REPUBLIC

JUDGMENT OF THE COURT

PETERSON GICHOBI MUNENE, the appellant herein, was arraigned in the Chief Magistrate's Court, Mombasa, on one count of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No.4 of 1994, the Act, and on an alternative charge of being in possession of Narcotic Drug Contrary to Section 3(1) of the Act as read with sub-section 2(a) of the same section. He was, however, convicted on the alternative charge and sentenced to 10 years imprisonment. On his first appeal to the superior court Waki, J. upheld the conviction but reduced the term of imprisonment to 5 years. The appellant now comes to this court on a second appeal; and that being so, only matters of law fall for our consideration.

Two Police Officers Naftali Rioba, (PW.1), and Francis Wambua, (PW.2), were on Mobile Patrol duties at 7:00 p.m. when they received a tip-off that drugs were being sold at Kilifi stage in Mtwapa Shopping Centre. They proc…