https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/517

**REPUBLIC OF KENYA** **IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT KEHANCHA** **CRIMINAL CASE NO. E073 OF 2026** **REPUBLIC** **VERSUS** **PETER OGORA………………………………………………………ACCUSED** **JUDGMENT** 1. The accused has been charged with the offence of being in possession of narcotic drugs contrary to section 3(2) (b) of the Narcotics and Psychotropic Substances Control Act (Amendment) No. 4 of 2022. The particulars are that the accused on the 9th day of February, 2026 at around 1209 hours, at Isebania township in Kuria West Sub County within Migori County, was found in possession of suspected cannabis sativa in eight cigarette packets with accumulative weight of 0.20 grams with a street value of Kshs. 6,000/= in contravention of the said Act. **The Prosecution Case** 1. The prosecution called four (4) witnesses namely; 2. **NO. 234869 CI BORNES CHEPKEMOI (PW1)** 3. **NO. 105238 PC PIUS KIMATHI (PW2)** 4. **NO. 78834 CPL AMOS SIMIYU (PW3)** 5. **GODWIN KHAMALA (Government Analyst) (PW4)** 6. The prosecution case was that PW1 and PW2 testified that on 9/2/2026 they for a crackdown operation on counterfeit goods within Isebania municipality. While on patrol at Kijiwe area where they sell changaa they found one PETEROGORA alias “OJI”. They entered inside and found him with other people. The other people managed to run away but they arrested Peter. They searched his house and found some substance which they suspected to be Cannabis Sativa. They arrested him and took him to the station. They handed the accused to anti-narcotics unit where by CPL Simiyu took over the case. 7. PW3 evidence was that he was handed over the exhibits and the accused. PW1 and PW2 identified the suspected cannabis packaged in eight cigarate packets each containing 20 rolls as PMFI-1(1-8), which PW3 produced as exhibits 1(1-8). PW2 weighed the same and found to be a weight of 0.2grams and produced the certificate as exhibit-3. He prepared an inventory which he produced as exhibit-4, certificate of search as exhibit-5, chain of custody form as exhibit-2, exhibit memo as exhibit-6 and they marked the report as PMFI-7. 8. PW4 produced the report marked as PMFI-7 as exhibit-7 in which he concluded that the plant material were examined and found to be cannabis which is listed under the Narcotic Drugs and Psychotropic Substances (Control) Act 1994. The prosecution then closed its case. **The Accused Defence Case** 1. The accused was placed on his defence and gave unsworn defence. DW1 PETER OGORA the accused denied the charges and his defence was that on 9/2/2026 he left home at 9:30AM going to buy medicine for his child. He then went to a changaa den to drink when police came and arrested him. He was taken to the police station and charged. The accused then closed his defence case. **The Law** 1. The accused has been charged under section 3(2)(b) of the Narcotic Drugs and Psychotropic Substances Control Act (Amendment) No. 4 of 2022, which I reproduce the entire Section 3 of the Act as doth: “(1)Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence. (2)A person guilty of an offence under subsection (1) shall be liable—(a)in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment to a term of not more than five years or to a fine of not more than one hundred thousand shillings;( b)in respect of a narcotic drug or psychotropic substance, other than cannabis, where a person is in possession of less than one gram, to a fine of not less than five million shillings, or to imprisonment to a term of not less than five years, or to both such fine and imprisonment; and (c)to, in addition to the sentences in paragraph (a) and (b) respectively, committal to appropriate court appointed treatment programme or to voluntary submission to a rehabilitation programme for a period not less than six months, where the court deems fit(3)Subsection (1) shall not apply to— **(a)a person who has possession of the narcotic drug or psychotropic substance under a licence issued pursuant to section 16 permitting him to have possession of the narcotic drug or psychotropic substance; or** **(b) a medical practitioner, dentist, veterinary surgeon or registered pharmacist who is in possession of a narcotic drug or psychotropic substance for any medical purposes; or** **(c) a person who possesses the narcotic drug or psychotropic substance for medical purposes, from, or pursuant to a prescription of, a medical practitioner, dentist or veterinary surgeon; or** **(d) a person authorized under the regulations to be in possession of the narcotic drug or psychotropic substance.”** **Determination** 1. I have carefully considered the prosecution evidence and the defence evidence on record and find that the prosecution has been able to prove that the plant material produced herein as exhibit 1(1-8) is cannabis. This is confirmed by the government analyst report produced as exhibit-7. ***The only issue for determination is whether the accused was found in possession of the said cannabis.*** 1. On this issue the evidence of PW1 and PW2 was that on 9/2/2026 they were on patrol on crackdown on illicit brew. They went to a changaa den where they found the accused. They searched his jacket and found some bhang starched in cigarate packets. They took him to his house where they more bhang and escorted him to the police station. This evidence shows that indeed PW1 and PW2 found the accused in possession of the bhang that was concealed in cigarate packets. The accused defence that he went to the changaa den just to drink changaa does not shake the prosecution case which remained water tight. 2. In conclusion I find that the prosecution has been able to prove its case beyond any reasonable doubt. The accused is accordingly found guilty as charged with the offence of being in possession of narcotic drugs contrary to section 3(2) (b) of the Narcotics and Psychotropic Substances Control Act (Amendment) No. 4 of 2022. In the end I convict him under section 215 of the Criminal Procedure Code. **Dated, Signed and Delivered in open Court at Kehancha on this 13th day of August, 2026.** **J.P. NANDI** **SENIOR PRINCIPAL MAGISTRATE** **In the presence of:** **Mr. Kuntai………… Prosecution Counsel** **Mr. Mang’era/Enock………… Court Assistant** **Accused …………….. Present** **Interpretation ……… English/Kiswahili** **Accused Language … Kiswahili**