REPUBLIC V. AHMAD ABOLFATHI MOHAMMED & SAYED MANSOUR MOUSAVI

JUDGMENT OF THE COURT

I. INTRODUCTION

[1] Before the Court is a petition of appeal dated 26^th October 2018 premised upon the provisions of Article 163(4)(b) of the Constitution. It was filed pursuant to this Court’s Order dated 28^th September 2018 granting the State, (the appellant), leave to appeal having certified the matter as being of general public importance. In the petition, the appellant seeks orders that the Judgment of the Court of Appeal (Kihara Kariuki, M’Inoti and Murgor, JJA), delivered at Nairobi on 26^th January 2018 in Criminal Appeal No. 135 of 2016 be set aside and that the order of acquittal of the Respondents issued by that Court be reversed and their conviction by the trial court be upheld.

II. LITIGATION BACKGROUND

(a) At the Magistrate’s Court

[2] The respondents are Iranian nationals who came to Kenya on 12^th June 2012 on a tourist/business survey visa. Upon arrival at Jomo Kenyatta International Airport at Nairobi, they took a local flight to Mombasa and checked i…