JUDGMENT OF THE COURT
[1] This is a second appeal lodged by Anthony Mbithi Kasyula, (the appellant ) who is dissatisfied with the judgment of the High Court (Nzioka, J.) delivered on 18th May, 2012. The appellant and one Alois Wambua Maungu (hereinafter referred to as co-accused) were originally jointly charged before the Chief Magistrate’s Court in Mombasa with the offense of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 (“The Act”). The appellant and his co-accused were tried and convicted by the Senior Resident Magistrate’s Court at Mombasa. They were each sentenced to serve seven years imprisonment and in addition to pay a fine of Kshs.one million.
[2] Being dissatisfied with the judgment of the trial court, the appellant appealed to the High Court against his conviction and sentence. His appeal against conviction was dismissed by the High Court (Nzioka, J.). The High Court dismissed the appeal ag…