[2018] KEHC 7826 (KLR)
The court allowed the appeal on the basis that the prosecution failed to call crucial witnesses, such as the captain of the boat, whose testimony was necessary to establish the chain of events and possession of the narcotic drugs. Additionally, the presence of contradictory evidence in the prosecution's case further...
Source-derived case information.
- Citation
- [2018] KEHC 7826 (KLR)
- Parties
- Appellant: Ali Bakari Shelali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 9 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Narcotic Offences, Possession of Drugs, Evidentiary Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Bakari Shelali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant was safe in light of the prosecution's failure to call crucial witnesses.
- 2 Whether contradictions in the prosecution evidence rendered the conviction unsafe.
Ratio Decidendi
The court allowed the appeal on the basis that the prosecution failed to call crucial witnesses, such as the captain of the boat, whose testimony was necessary to establish the chain of events and possession of the narcotic drugs. Additionally, the presence of contradictory evidence in the prosecution's case further weakened the reliability of the conviction. The respondent's concession of the appeal reinforced the court's finding that the conviction was unsafe. Consequently, the conviction and sentence were quashed, and the appellant was ordered to be set free unless otherwise lawfully held.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The conviction and sentence are quashed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARSEN
HCCRA No. 9 OF 2017
ALI BAKARI SHELALI..............................APPELLANT
-VERSUS-
REPUBLIC.................................................RESPONDENT
(Being an Appeal from the judgment of Hon. Njeri
Thuku (PM) of Lamu law courts on 28/3/2017)
JUDGEMENT
1. The Appellant was sentenced to 10 years imprisonment for the offence of being in possession of Narcotic Drugs contrary to section 3 (1) as read with section 2 (a) of the Narcotic and psychotropic substances (control) Act No. 4 of 1994
2. The particulars of the charge were that on 3/6/2016 at around 1600 hours at Ndau village Lamu East sub-county, the appellant was found to with six half rolls of cannabis sativa (bhang) of a street value of Kshs. 3,000 which was not in any medical preparation in contravention of the said Act.
3. The Respondent conceded this Appeal on the ground that crucial witness such as the captain of the boat were not called and also that the prosecution evidence was contradictory.
4. The appeal is accordingly allowed on those two grounds and the Appellant is set free unless lawfully held for any other reason
Due to the security situation at Hindi Prison, the appellant could not be availed to court for this judgment which has been long pending and the judgment is now delivered on this 28th day of February, 2018 in the absence of the Appellant.
_____________ for the Appellant.
Mr. Kasyoka for the Respondent
Order to issue accordingly.
ASENATH ONGERI
JUDGE.