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DAN OWINO OWANO
V.
REPUBLIC

(1994) JELR 104956 (CA)

Court of Appeal 18 Jul 1994 Kenya
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Case Details

Suit Number:Criminal Appeal 62 of 1994
Judges:Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, John Mwangi Gachuhi
Location:Mombasa
Other Citations:Dan Owino Owano v. Republic [1994] eKLR

JUDGMENT

The evidence on which the appellant was convicted was that two police officers who gave evidence as PW1 and PW2 visited room 13 at a Malindi hotel. In that room they found the appellant. He was alone. The policemen introduced themselves as officers and said they wanted to search the room.

They did so and in a basket containing the clothes of the appellant they found a packet which contained a substance and when that substance was later examined, it was found to be heroin. The appellant was there and then arrested and subsequently charged with possession of the heroin.

Having heard the evidence of the two police officers, the magistrate believed them and convicted the appellant of the charge. He unsuccessfully appealed against his conviction to the High Court and he now appeals to us a second time. He has listed three grounds of appeal. The first one is that the lower courts erred in finding that there was sufficient evidence to prove possession of the drug by the appellant. Mr M…

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