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Sammy Omboke & Tom Okumu Ogutu v. Republic

(2019) JELR 96761 (CA)

Court of Appeal  •  Criminal Appeal 133 of 2016  •  3 Jul 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. The appellants were charged with trafficking in narcotic drugs contrary to Section 4 (1) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. (Emphasis supplied - Section 4 (1) of the Act though does not exist). The particulars were that on the 3rd day of January 2011 at Nyabohanse Komomwamu road within Kuria District of Nyanza Province, the appellants were jointly found transporting 2071 stones of cannabis (bhang) with a street value of Ksh. 410,000 using motor vehicle Registration No. KBJ 487B in contravention of the provisions of the said Act.

2. The appellants were arraigned before the trial magistrate and were convicted of the offence as charged. They were sentenced to a term of seven (7) years imprisonment. Aggrieved by the conviction and sentence, the appellants lodged a first appeal to the High Court. The learned judge of the High Court dismissed their appeal against conviction and set aside the sentence of 7 years’ imprisonment…

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