MOHAMED RIAZ BUTT v REPUBLIC [2010] KEHC 1426 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

Criminal Appeal 676 of 2007

MOHAMED RIAZ BUTT ……………………………………………………….APPELLANT

VERSUS

REPUBLIC…………………………………………………………………………..RESPONDENT

JUDGMENT

This appeal was filed by the Appellant himself.Mr. Gathenji for Appellant argued that the Appellant was charged with the offence of trafficking Narcotic Drugs contrary to Section 4 (a) of Act 4 of 1994.

He was convicted and sentenced to 5 years imprisonment and 1 extra year in default 100,000/= fine.He was found atJomoKenyattaInternationalAirporttrafficking 37. 2. grams of drug Diacetylmorphine commonly known as Heroine market value Shs. 37,200/=.

The appellant submits that conviction was not proper.There was contradiction evidence.The judgment did not meet standard required.The Magistrate did not resolve the contradictions or give reasons refer to the case of Okali Okoth.The Magistrate did not comply with Section 169 Criminal Procedure Code.

The accused was convicted on circumstantial evidence and there was no connection with drugs.

Miss Maina State Counsel in reply said the State concedes the appeal on the grounds that the prosecution case has created doubts which ought to have been resolved in favour of the Appellant.The State having conceded the appeal I therefore quash the conviction and set aside sentence.

I observe that much time has passed and there has been rethinking of the case.I order the Appellant to be set free forthwith unless otherwise lawfully held.

Dated and delivered atNairobithis 1st day of October 2010.

J. N. KHAMINWA

JUDGE