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Mohamed Chengo v Republic [2013] KEHC 603 (KLR)

[2013] KEHC 603 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
603
Citation
[2013] KEHC 603 (KLR)
Decided
19 December 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentenceCoramM. MUYA
Holding

The conviction is quashed and the sentence set aside.

Facts

Police found the appellant and his co-accused at Ukunda township in Diani Location, Kwale County, on October 17, 2013, at about 00:35 hours, where they were charged with being at a place to which persons resort for the purpose of smoking, inhaling, sniffing or otherwise using narcotic drugs.

Issues

  1. Whether the facts and particulars of the charge disclose an offence.
  2. Whether the conviction was safe.

Reasoning

The facts and particulars of the charge do not disclose an offence. The Conviction was not safe.

Outcome

Quashed conviction and sentence, appellant set at liberty.

Orders

  • Conviction and sentence quashed.
  • Appellant set at liberty.

Remedies

  • Quashed conviction and sentence.
  • Appellant set at liberty.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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