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MagistrateOtherNot stated in the judgment (criminal charge at Lamu Law Courts)· [2025] KEMC 209 (KLR)

Republic v Hussein (Criminal Case E060 of 2025) [2025] KEMC 209 (KLR)

Magistrates' Court
18 August 2025
FMF.M. Mulama
774 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Lamu court convicted a man of bhang possession because his defence never actually challenged how police found the drugs on him.

What this practically means

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Executive summary

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The accused, Omar Mohamed Hussein, was charged with possession of narcotic drugs contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994, the particulars being that on 8 April 2025 at around 0400 hours at Mkomani area, Langoni, he was found with 3 sachets of bhang with a street value of Kshs.900/= not in medical preparation form. Three witnesses testified. PW1, CPL Patrick Kitangata, testified that while on patrol the officers intercepted the accused, who attempted to flee; a search by PC Mariga recovered 3 sachets of bhang from his right trouser pocket. PW2 corroborated this. In cross-examination the accused concentrated on the officers' attire and the absence of photographs or video rather than challenging the recovery. In his unsworn-style defence the accused stated he was heading to morning prayers at the mosque, that the search revealed nothing, and that he never attempted to escape. The court framed two issues: possession of the substance, and whether it was a narcotic. It found possession proved since the prosecution evidence was unshaken and the accused offered no alternative explanation, such as planting. The government analyst's report dated 23 June 2025, unchallenged, established the substance was cannabis, a narcotic under the Act. Holding the charge proved, the court convicted the accused under section 215 of the Criminal Procedure Code on 18 August 2025.

Key legal issues

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01

Whether the accused was in possession of the suspected narcotic substance

Holding

Possession proved; police officers retrieved 3 sachets of bhang from the accused's right trouser pocket and the accused offered no credible alternative explanation

Reasoning

PW1 and PW2 testified that on interception the accused was searched and 3 sachets of bhang were retrieved from his right trouser pocket. The accused denied this but in cross-examination did not suggest the bhang was planted or question how the officers found him in possession, focusing instead on what the officers were wearing. His denial, including that he never escaped, did not shake the prosecution's evidence on possession.

p. 2
02

Whether the substance found was a narcotic drug

Holding

The government analyst's report dated 23rd June 2025 found the substance to be cannabis, a narcotic under the Act; the accused did not challenge the report

Reasoning

The second element requires proof that the substance is a narcotic drug. The government analyst's report dated 23rd June 2025 established that the substance in the 3 sachets was cannabis, which is a narcotic under the Narcotic Drugs and Psychotropic Substances (Control) Act. The accused did not challenge the report or its findings, so the court was convinced this element was proved.

p. 2

Legal principles established

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  • Possession of a narcotic is proved where unchallenged prosecution evidence establishes physical possession, and the substance's narcotic nature is established by a government analyst's report that is not challenged

Court orders

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  1. 1.The accused person is guilty as charged and is convicted under section 215 of the Criminal Procedure Code
Jurisdiction invoked
Criminal jurisdiction under the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994, section 3(1) as read with section 3(2)(a), and the Criminal Procedure Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Hussein (Criminal Case E060 of 2025) [2025] KEMC 209 (KLR)", Case Analysis (2025). Not stated in the judgment (criminal charge at Lamu Law Courts). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/209/eng@2025-08-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.