[2010] KEHC 1426 (KLR)
The court found that the prosecution's case was riddled with contradictions and failed to conclusively link the appellant to the narcotic drugs. The magistrate did not adequately resolve these contradictions or provide sufficient reasons in the judgment as required by law. The State's concession that the case...
Source-derived case information.
- Citation
- [2010] KEHC 1426 (KLR)
- Parties
- Appellant: Mohamed Riaz Butt; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 676 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
- Legal Topics
- Narcotic Drugs, Trafficking Offences, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Riaz Butt
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for trafficking narcotic drugs was proper in light of contradictions in the prosecution evidence.
- 2 Whether the magistrate complied with Section 169 of the Criminal Procedure Code in delivering judgment.
- 3 Whether the circumstantial evidence was sufficient to connect the appellant to the drugs.
Ratio Decidendi
The court found that the prosecution's case was riddled with contradictions and failed to conclusively link the appellant to the narcotic drugs. The magistrate did not adequately resolve these contradictions or provide sufficient reasons in the judgment as required by law. The State's concession that the case created reasonable doubt further supported the conclusion that the conviction was unsafe. Accordingly, the court quashed the conviction and set aside the sentence, ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held.
Orders
- The conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
Criminal Appeal 676 of 2007
MOHAMED RIAZ BUTT ……………………………………………………….APPELLANT
VERSUS
REPUBLIC…………………………………………………………………………..RESPONDENT
JUDGMENT
This appeal was filed by the Appellant himself.Mr. Gathenji for Appellant argued that the Appellant was charged with the offence of trafficking Narcotic Drugs contrary to Section 4 (a) of Act 4 of 1994.
He was convicted and sentenced to 5 years imprisonment and 1 extra year in default 100,000/= fine.He was found atJomoKenyattaInternationalAirporttrafficking 37. 2. grams of drug Diacetylmorphine commonly known as Heroine market value Shs. 37,200/=.
The appellant submits that conviction was not proper.There was contradiction evidence.The judgment did not meet standard required.The Magistrate did not resolve the contradictions or give reasons refer to the case of Okali Okoth.The Magistrate did not comply with Section 169 Criminal Procedure Code.
The accused was convicted on circumstantial evidence and there was no connection with drugs.
Miss Maina State Counsel in reply said the State concedes the appeal on the grounds that the prosecution case has created doubts which ought to have been resolved in favour of the Appellant.The State having conceded the appeal I therefore quash the conviction and set aside sentence.
I observe that much time has passed and there has been rethinking of the case.I order the Appellant to be set free forthwith unless otherwise lawfully held.
Dated and delivered atNairobithis 1st day of October 2010.
J. N. KHAMINWA
JUDGE