JUDGMENT OF THE COURT
[1] Bora Salim Mwenda (appellant) was charged, tried and convicted before the Subordinate court with the offence of trafficking in narcotic drugs. He was sentenced to both life imprisonment and a fine of Ksh.1million. The appellant’s appeal before the High Court on both conviction and sentence was also unsuccessful; hence this second appeal. By dint of the provisions of Section 361 of the Criminal Procedure Code, we are enjoined to consider only matters of law. The long standing principle of this Court is that it cannot interfere with the decision of the High Court on matters of facts unless it is demonstrated that the two courts below considered matters they ought not to have considered or that they failed to consider matters they should have considered or that looking at the evidence as a whole, they were plainly wrong in their decision, in which case such omission or commission would be treated as matters of law. (See Karani v. R [2010] 1 KLR 73).
[2] A brief ac…