YOUNG KIBAE V. REPUBLIC

JUDGMENT

Young Kibae (the appellant), was convicted by the Chief Magistrate, Nairobi, of being in possession of heroin contrary to section 14(1) (c) of the Dangerous Drugs Act (cap 245). He was sentenced to 5 years imprisonment and ordered to be deported after serving sentence. His appeal to the High Court against conviction and sentence was dismissed.

On the concurrent findings arrived at by the courts below, the police raided a flat in Westlands in Nairobi where the appellant and his girlfriend were living and arrested both of them, and two other persons, after finding a small quantity of heroin in a black brief case under a bed in the bedroom. Also found were paraphernalia for weighing and packing drugs.

The evidence upon which the appellant was convicted was given by a Kenya Police Reservist called Bhatti. Two days before the raid, Bhatti had been taken to the flat by the 3rd accused and there he met the appellant who agreed to sell to him 4Kg of heroin at Kshs 500/= per gram. The ap…