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Swabir Bukhet Labhed v. Republic

(2019) JELR 94880 (CA)

Court of Appeal  •  Criminal Appeal 52 of 2018  •  20 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] On 20th September, 2014 Chief Inspector Thomas Nyamogo (PW2), the then OCS of Kiembeni Police Station and AP Abel Mogire (PW3), in the company of other police officers, were on patrol duty. At around 4:00 p.m while driving around Bamburi they came across motor vehicle registration number KBS 496L make Toyota Probox which was being driven in a reckless manner. They signalled the driver to stop but instead the driver accelerated and tried to evade them. This triggered the police officers to follow this car in a high speed patrol car with AP Abel in control.

[2] The pursuit continued until they came to a dead end at Mtopanga Estate. It was PW2’s evidence that three occupants came out of the vehicle in question and fled. The reason behind the occupants’ hesitancy to stop became apparent when the vehicle was searched. The police discovered five bags of dry plant based material which they suspected to be narcotic substances. Additionally, the appellant’s identificati…

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