Mohammed Abwalo Dunya v Republic [2005] KEHC 2275 (KLR)
- Court
- High Court of Kenya
- Case number
- 2275
- Citation
- [2005] KEHC 2275 (KLR)
- Decided
- 17 June 2005
The appeal is dismissed. The sentence for the first count is set aside and the appellant is ordered to pay a fine of Kshs 9,081,000 and serve ten years imprisonment. The sentence for the second count remains as ordered.
Facts
The appellant was charged with trafficking in narcotic drugs and unlawful use of a motor vehicle. He was found guilty and sentenced to pay a fine of Kshs 1,000,000 or serve ten years imprisonment on the first count, and to serve twelve months imprisonment on the second count.
Issues
- Conviction on trumped up charges
- Sentencing
- Extraneous matters considered by the trial magistrate
Reasoning
The court finds the appellant guilty of trafficking in narcotic drugs and unlawful use of a motor vehicle. The appellant's claim of being hijacked and forced to drive the vehicle is rejected. The court sets aside the fine and sentences for the first count, ordering a higher fine and imprisonment.
Outcome
Appeal dismissed
Orders
- Set aside the fine and sentence for the first count
- Order the appellant to pay a fine of Kshs 9,081,000 and serve ten years imprisonment
Authorities cited
Legislation (3)
- Narcotic Drugs and Psychotropic Substances Control Act
- Penal Code
- Criminal Procedure Code
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