SILVIAN OUMA OWINO & JOSHUA OMONDI OKELLO V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellants were charged with trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994. The particulars were that on the 3^rd day of April 2009 at Obwari Market in Nyamira District within Nyanza Province, jointly with another not before court, being in motor vehicle KAW 369X Toyota Corrolla 110, they were found trafficking cannabis sativa (bhang) to wit 1565 stones.

2. The prosecution case was grounded on inter alia the evidence of PW1 Phillip Masange, the Assistant Chief of Bokurati sub-location in Ekerenyo Division. PW1 was among the persons who arrested the appellants. He testified as follows:

On 3^rd April 2009 at around 2.00 pm, I was at Ekerenyo market and I heard some gun shots. Then shortly, I saw a police officer on top of a motor bike going towards the D.O.’s office. Upon inquiring, I heard there was a car that was being chased and it had bhang. I went to where the vehicle was an…