JUDGMENT OF THE COURT
The appellant having been charged under Narcotic Drugs and Psychotropic Substances (control) Act, with the offence of trafficking in narcotic drugs contrary to section 4(a) of the Act was arraigned in court, tried, convicted and sentenced to life imprisonment in addition to a fine of Kshs.1,000,000/-. Dissatisfied with the trial court’s findings and sentence meted out, she appealed to the High Court which upheld the conviction and sentence, hence this 2nd and perhaps last appeal to this Court.
The appellant filed 8 grounds of appeal. At the hearing, however, Mr. Ngumbau, learned counsel who appeared for the appellant elected to urge only grounds 1 and 2 and abandon the remaining 6 grounds.
The said 2 grounds are:-
“1. That both trial court magistrate and the first appellant(sic) failure to comply with the definition of the word “trafficking” as is defined the (sic) OXFORD ENGLISH DICTIONARY renders the charge-sheet defective and invariance given that:-
(ii) There was…