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WILSON KELVIN V. REPUBLIC

(2019) JELR 92846 (CA)

Court of Appeal  •  Criminal Revision 1136 of 2018  •  22 May 2019  •  Kenya

Coram
Grace Wangui Ngenye

Appearances
Mr. Ondieki for the Appellant. Ms. Nyauncho for the Respondent.

Judgement

RULING

1. The Applicant was charged before the Chief Magistrate’s Court in JKIA with trafficking in psychotropic substances contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. It was alleged that on the 31st day of October, 2018 at round 1610 hours, at Standard Gauge Railway Station Syokimau within Machakos County, jointly with others not before court unlawfully trafficked a psychotropic substance namely Methamphetamine (MDMA) to wit, 0.93 grams concealed in 3 (three) capsules with a market value of Kshs. 7,440/= in contravention of the said Act.

2. In the alternative, he was charged with being in possession of a psychotropic substance contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substance (Control) Act No. 4 of 1994 in that he was found in possession of 0.93 grams of Methamphetamine (MDMA) concealed in three (3) capsules with a market value of Kshs. 7,440/= in contravention of the said Act.

3. The Applicant was convi…

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