[2018] KEHC 7954 (KLR)
The appeal was allowed because the prosecution's evidence was materially contradictory and the mandatory requirements of Section 86 of the Narcotic Drugs and Psychotropic Substances Control Act were not complied with. These defects rendered the conviction and sentence unsafe, warranting their setting aside and the...
Source-derived case information.
- Citation
- [2018] KEHC 7954 (KLR)
- Parties
- Appellant: Roselyn Gakii; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 30 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction and sentence set aside; appellant to be released unless otherwise lawfully held
- Legal Topics
- Narcotic Offences, Contradictory Evidence, Statutory Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roselyn Gakii
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether contradictions in prosecution evidence vitiated the conviction.
- 2 Whether Section 86 of the Narcotic Drugs and Psychotropic Substances Control Act was complied with.
Ratio Decidendi
The appeal was allowed because the prosecution's evidence was materially contradictory and the mandatory requirements of Section 86 of the Narcotic Drugs and Psychotropic Substances Control Act were not complied with. These defects rendered the conviction and sentence unsafe, warranting their setting aside and the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed; conviction and sentence set aside; appellant to be released unless otherwise lawfully held
Orders
- The appeal is allowed.
- The conviction and sentence are set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARSEN
HCCRA No. 30 OF 2016
ROSELYN GAKII....................................................APPELLANT
-VERSUS-
REPUBLIC.............................................................RESPONDENT
(An Appeal from the conviction and sentence of 3 years imprisonment in addition to a fine of 1 million Kenya Shillings on 21st April, 2016 at Lamu Law Courts)
JUDGEMENT
1. I find that this Appeal was conceded by the Respondent on the ground that there was contradiction in the Prosecution evidence and further that Section 86 of the Narcotic Drugs and Psychotropic Substances control Act No. 4 of 1994 was no complied with.
2. I accordingly allow the appeal and set aside both conviction and sentence.
3. I further Order that the Appellant be set free forthwith unless lawfully held for any other reasons.
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.