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JOSHUA ATULA ATULA & ANOTHER
V.
REPUBLIC

(2016) JELR 100549 (CA)

Court of Appeal 2 Aug 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 133 of 2012
Judges:Roselyn Naliaka Nambuye, Philomena Mbete Mwilu, Patrick Omwenga Kiage
Location:Nakuru
Other Citations:Joshua Atula Atula & another v. Republic [2016] eKLR

JUDGMENT OF THE COURT

1. The appellants, Joshua Atula Atula (the first appellant) and Bernard Onyango Odhiambo (the second appellant) were charged jointly before the Senior Principal Magistrate Court at Naivasha in Criminal Case No.696 of 2010 with the offence of trafficking in narcotic drugs contrary to Section 4(a) as read with Section 3 of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. The particulars of the offence were that on 31st day of March 2010 along Naivasha – Maai Mahiu Road in Naivasha District of the Rift Valley Province, they jointly were found conveying in a motor vehicle registration number KBJ 502M Toyota Caldina 2,200 stones of Canabis Sativa with a street value of Kshs.440,000/- which was not in medicinal preparation form. They denied the offence and were tried before the learned Senior Principal Magistrate (T.W.C. Wamae) who in a judgment delivered on 29th July 2010 convicted them and imposed a fine of Kshs. 1,320,000/= on each of the app…

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