JUDGMENT OF THE COURT
This is a second appeal by NASSIR HUSSEIN MOHAMED, the appellant herein, against both conviction and sentence recorded against him on 30th April 2009 by the Principal Magistrate, Malindi, pursuant to his being found guilty of being in possession of narcotic drugs contrary to Section 3(1) of the Narcotic Drugs and Psychotropic Substances Control Act No 4 of 1994 as read with Section 2 (a) of the same Act. His first appeal was dismissed by the High Court of Kenya at Malindi (Omondi, J) on 16th December 2009.
The appellant prior to his conviction was a tour guide and a beach boy. He operated in Lamu and Likoni. He was married but had separated from his wife. However, he had the custody of the young children of the marriage. He also owned some rental houses within the two towns.
On 20th August, 2006 at about 3.00 p.m. Cpl. Amos Muombe (PW1) of Lamu Police Station received information that the appellant, a popular beach boy who was known to them was selling narcotic drug…