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CHRISPINE KENT OTIENO
V.
REPUBLIC

(2017) JELR 103205 (CA)

Court of Appeal 17 Feb 2017 Kenya
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- The appellant, Chrispine Kent Otieno, was charged in the Chief Magistrate's Court at Kibera with four counts: trafficking in narcotics, possession of narcotics, possession of paper intended to resemble currency, and possession of uncustom

Case Details

Suit Number:Criminal Appeal 66 of 2013
Judges:Wanjiru Karanja, George Benedict Maina Kariuki, Philomena Mbete Mwilu
Location:Nairobi
Other Citations:Chrispine Kent Otieno v. Republic [2017] eKLR

JUDGMENT OF THE COURT

1. This is a second appeal by Chrispine Kent Otieno (the appellant) against the conviction and sentence by the High Court of Kenya as the 1st appellate court. The appellant was charged before the Chief Magistrates Court at Kibera on four counts. On the first count, he was charged jointly with Nassor Said Salim with the offence of trafficking in narcotics contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. Nassor Said Salim however died in the course of the trial and the case against him abated leaving the appellant as the only accused person for the said offence.

2. The second count against the appellant was that of being in possession of narcotic drugs contrary to section 3(1) and 2(b) (sic) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The appellant also faced a third count of having in possession paper intended to resemble bank note or currency note contrary to section 367(a) of the…

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