The High Court dismissed an application to extend time to lodge a notice of appeal, holding that ignorance of procedure was not good cause and the delay was unexplained.
The prosecution proved beyond reasonable doubt that the accused was apprehended at Rhumba Chini in possession of 213.05 kilograms of cannabis sativa, and all legal requirements for seizure, disposal, and chain of custody were satisfied. The defence failed to raise reasonable doubt or comply with procedural requirements for alibi. Errors in documentation were deemed human and did not affect admissibility or credibility of evidence.
The trial court did not comply with section 226(2) of the CPA by failing to consider the appellant's explanation for her absence and make a determination; this non-compliance vitiates the proceedings conducted in her absence.
Conviction for trafficking narcotic drugs was unsafe due to failure to establish chain of custody for exhibit P7; conviction for rape was proper as evidence of penetration and age of victim was proved beyond reasonable doubt.
The High Court acquitted the accused of trafficking narcotic drugs after finding the prosecution failed to prove a reliable chain of custody for the alleged mirungi exhibit.