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BORA SALIM MWENDA
V.
REPUBLIC

(2019) JELR 103527 (CA)

Court of Appeal 19 Jun 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 25 of 2018
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Malindi
Other Citations:Bora Salim Mwenda v. Republic [2019] eKLR

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…

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