JUDGMENT OF THE COURT
1. The appellant, Gilbert Barasa Ondaba, was jointly with two others charged before the Chief Magistrate’s Court at Nakuru in Criminal Case No.1759 of 2005 with two counts. On count 1, they were charged with trafficking in a narcotic drug contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The particulars of the offence were that on 22nd June 2005 at Menengai Roadblock along Menengai – Nakuru road in Nakuru District they jointly trafficked in 103 kgs of cannabis sativa with a street value of Kshs.103,000/- using motor vehicle Reg. No. KAB 662T Mitsubishi Lancer in contravention of the said Act.
2. In count 2, they were charged with being in possession of a narcotic drug contrary to section 3(1) and 3(2) of Narcotic Drugs and Psychotropic Control Act. The particulars of the charge state that on 22nd June 2005 at Menengai - Nakuru road in Nakuru District they were jointly found being in possession of 103 kgs of cannab…