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Priscilla Jemutai Kolongei v. Republic

(2005) JELR 98423 (CA)

Court of Appeal  •  Criminal Appeal 84 of 2004  •  14 Jan 2005  •  Kenya

Philip Nyamu Waki, John walter Onyango Otieno, Erastus Mwaniki Githinji



This appeal raises some novel issues on a relatively new Act of Parliament which came into operation in August 1994 – The Narcotic Drugs and Psychotropic Substances (Control) Act , Act No. 4 of 1994 as read with Legal Notice No. 291/94 (hereinafter “the Act”.) Its import was to:

“make provision with respect to the control or the possession of, and trafficking in, narcotic drugs and psychotropic substances and cultivation of certain plants; to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances and for connected purposes.”

Priscilla Jemutai Kolongei (hereinafter “the appellant”) is currently serving a term of imprisonment of 18 years at the Langata Women’s Prison. The term was imposed by Mrs. Karanja Senior Principal Magistrate (as she then was) in Kibera Cr.C. No. 2545/2002 on 06.11.02. Over and above the prison sentence a fine of Shs.10 million was imposed and in default of payment of the fi…

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