THOMAS OCHIENG AJWANG V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Thomas Ochieng’ Ajwang was convicted of being in possession of uncustomed goods contrary to Section 185(d) (iii) of the Customs and Excise Act (Cap 472) and was sentenced to pay a fine of Kshs 8,000 to serve six months’ imprisonment if he failed to pay the fine.

The subject-matter of the charge were 68 gas cylinders which it was agreed were brought into Kenya from Uganda by boat. They were first landed at Uyoma, were then transported to Uholo market and from there the appellant transported them to Kisumu in his motor vehicle registration No KLY 010.

The appellant’s first appeal in the High Court (Patel J) was against the conviction and sentence of a fine. The trial magistrate’s order of forfeiture of the motor vehicle was set aside as the learned Judge found that the gas cylinders were not imported into Kenya by the motor vehicle, which was correct, as the evidence had it that they were brought into the country by boat. Thomas has now appealed to this …