JUDGMENT OF THE COURT
The two appellants MADLINE AKOTH BARASA (first appellant) and GABRIEL OJIAMBO NAMBESI (second appellant) were convicted by the Senior Resident Magistrate, Busia for the offence of trafficking in Narcotic Drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 (Act) and each sentenced to 10 years imprisonment. Their respective appeals against conviction and sentence to the superior court (which were consolidated) were dismissed.
The particulars of the charge were that on 2nd May, 2003 at Sidindi Market along Busia – Kisumu road, the two appellants:
“were jointly found trafficking in Narcotic Drug namely cannabis sativa to wit 290 stones weighing 45kg while using a K.B.S. Bus Reg. NO. KAN 846H in contravention of the Act.”
Three witnesses, namely, Geoffrey Gathango Ngugi (Geoffrey) (PW1); Eliakim Jomo Gangani (Eliakim) (PW2) and PC Benson Sindani (PW3)gave evidence at the trial in support of the charge. PC. Benson S…