REHEMA KAHINDI KALUME & KADZE KAHINDI KALUME V. REPUBLIC

JUDGMENT OF THE COURT

The two appeals have been consolidated.

The two appellants were jointly charged in the Senior Principal Magistrate's court Malindi with the offence of Trafficking in Narcotic Drugs contrary to section 4(1) of the Narcotic Drugs and And Psychotropic Substances (Control) Act No. 4 of 1994 (Act). They were alleged to have been jointly trafficking in 11 sachets of Heroin and 30 tablets of Rohypnol (flunitrazeparn) by storing them and valued at Kshs. 2000/=.

They were convicted after trial and each sentenced to a fine of Kshs. 1,000,000/=, and, in addition, to life imprisonment. Their respective appeals to the High Court were dismissed.

The prosecution case was dependent on the evidence of three police officers, Apc Jairus Kinoni (Pw1), Cpc Ali Mzara (Pw2) Wellington Wambua (Pw3) and of the Government Analyst John Njenga (Pw4).

The first two Apc Jairus and Cpl Ali were the key witnesses. Their evidence was briefly as follows:-

On 9^th May 2009 they were instructed to accompa…