[2004] KEHC 1112 (KLR)
The court found that the appellant was lawfully found in possession of 18 rolls of cannabis sativa by police officers acting on credible information. The appellant's own testimony and that of his wife, who had a grudge against him, did not displace the prosecution's evidence. The court determined that the...
Source-derived case information.
- Citation
- [2004] KEHC 1112 (KLR)
- Parties
- Appellant: Dick Chama Ali Mwashigadi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 86 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Possession of Narcotics, Criminal Appeals, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dick Chama Ali Mwashigadi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was lawfully found in possession of cannabis sativa contrary to the relevant statute.
- 2 Whether the conviction was supported by sufficient evidence beyond reasonable doubt.
- 3 Whether the sentence imposed was excessive or harsh.
Ratio Decidendi
The court found that the appellant was lawfully found in possession of 18 rolls of cannabis sativa by police officers acting on credible information. The appellant's own testimony and that of his wife, who had a grudge against him, did not displace the prosecution's evidence. The court determined that the prosecution's case was clear, straightforward, and sufficient to prove the charge beyond reasonable doubt. The allegations raised in the grounds of appeal were not supported by the evidence on record. The sentence of three years' imprisonment was found not to be excessive or harsh. Consequently, there was no basis to interfere with the conviction or sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of three years' imprisonment are upheld.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 86 OF 2003
(From Original Conviction and Sentence in Criminal Case No. 60 of 2003 of the Resident Magistrate’s Court at Wundanyi - A. Ngugi – RM).
DICK CHAMA ALI MWASHIGADI…………………...…APPELLANT
VERSUS
REPUBLIC………………………………………………...RESPONDENT
J U D G M E N T
The appellant was charged with the offence of being in possession of cannabis sativa contrary to Section 3(1) as read with Section 3(2) of the Narcotic drugs and Psychotropic substances Control Act No. 4 of 1994. He was convicted and sentenced to serve 3 years imprisonment. He now appeals against conviction and sentence.
The Prosecution evidence is that PW1 CPl. Moses Kabobo was with another officer on foot patrol at 12. 00 noon, when they received information that someone was selling bhang in Kitukunji. He with other officers went to the place and met appellant in his house standing by the door. They searched him and in his pocket found 18 rolls of bhang. They took accused and bhang to the Police Station. The Police officers said they were with the informer when they reached the appellant’s house. They did not disclose who was the informer. The appellant suggests that it was his wife DW2. On perusing the appellant’s defence it is clear that he was found by the Police witnesses at the door of his house. He himself says he was searched and bhang was fond in the pocket of his shirt. His witness was his wife. Both disclosed that there had been family differences and the wife had gone to seek assistance from the Police and she was present at the scene. Her evidence tends to water down the defence statement by imputing that the Police witnesses pretended to put the bhang in the pocket of appellant. This the appellant had not said. I find the evidence of the defence witness suspect. She had a grudge against her husband the appellant. Nevertheless discarding the evidence of DW2, the wife, it is clear that PW1 did find the appellant with the rolls of bhang. The defence put forward by the appellant confirms that fact.
The evidence of the prosecution witnesses was clear and straightforward and there is no reason to doubt the same. The allegations now made in the grounds of appeal are not in accordance of evidence tendered in the court both by the prosecution or the defence and there are not relevant or helpful at this stage.
I find that the appellant was found with the bhang and was guilty as charged. The evidence of the prosecution was sufficient to prove the charge beyond reasonable doubt. I find the sentence of 3 years in jail not excessive or harsh.
I therefore find no reason to interfere with the conviction and sentence.
The appeal is therefore dismissed. Dated this 19th day of January 2004.
JOYCE KHAMINWA
J U D G E
Read in open court in the presence of: Appellant
State Counsel Mrs. Mwangi
JOYCE KHAMINWA
J U D G E