ZACHARI NJENGA KAMAU v REPUBLIC [2008] KEHC 1990 (KLR)

Facts

The appellant and John Omondi Likoyo were charged with trafficking in Narcotic drugs (bhang). The vehicle registration number KAU 198W Toyota Corolla was found to contain 1,360 stones and 600 long tape rolls of Narcotic drugs. The appellant was known to have hired the vehicle from Nicholas Munyari Mwangi, who was the owner of the vehicle.

Issues

1. Insufficiency of evidence to prove the appellant's involvement in trafficking
2. Misapplication of law regarding common intention

Reasoning

The court found insufficient evidence to prove the appellant's involvement in trafficking, as there was no direct evidence linking him to the drug trafficking. The court also noted that the prosecution failed to establish the appellant's knowledge of the co-accused's illegal activities.

Outcome

Appeal allowed, conviction and sentence quashed

Authorities cited